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Custodial parent to move out of Illinois

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Old 08-21-2008, 12:53 PM     #1
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Question Custodial parent to move out of Illinois

I am the custodial parent (mother) and, the non-custodial parent (father) has not seen his son in over 2 1/2 years , keep in mind we were never married. In Nov. of 07 his visitation rights with his son were revoked. He was suppose to take me back to court in Dec. of 07 to re-evaluate the revokation of visitation. He has not, now 9 months later my husband of 6 years and I would like to move to Arkansas for a chance at a better life. I will be allowed to work from home (making more money and having more time with my children), and my husband will then be able to work and go to school to get his plumbing lic., Being in Illinois do I have to get a court order to move to another state concidering the non-custodial parent has no visitaion rights?
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Old 09-01-2008, 09:35 PM     #2
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Default Re: Custodial parent to move out of Illinois

Well I have the answer to the questions I was looking for. I called the court house in my county. If anyone else is looking for this same answer in IL.

You have to file a motion to remove the child in the county your child support, visitation, or custody was last heard in.

It is a 2 part. 1st part is the motion to be heard in front of the same judge your case was presented to. Then you will get a long form and you state ALL the reason why the move would be for. Everything you want the judge to know should be on that form. I suggest that you go to the law library in the court house because they can help but not give you legal advice.

There are a few things you should know, where ever you are moving to your income increase should be substancial, do your research on the neighbor hood and schools like progams/activities/ the school offers (print it our and bring it to court), you should let the court know if the cost of living is cheaper for higher. Last but not least if moving with your child will cause harm to them.

I also suggest that you tell the judge you will go out of your way to let the child and non-custodial parent have internet visits on a daily or bi-daily basis.
You should offer to pay for the travel costs. For that will look good for you.

In Illinois it costs nothing to file the motion. You go to the court house tell the clerk what you need, fill out the paper work, then send it certified. They only request you send it through normal mail but if you are smart you will send it certified with a return receipt.

If you have any other questions for me please leave your thread. I would be more than happy to help in the best way I can I have done all the research you could think of.
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