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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18373
Experience:  B.A.; M.B.A.; J.D.
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I share joint custody with my ex. Our divorce aagreement says

Customer Question

I share joint custody with my ex. Our divorce aagreement says he can take kids two weekends a month and once a week. He has been very inflexible and picked whatever weekends he wanted to pick and has totally stopped seeing children once a week. He has also remarried in another state and spends two weeks out of state. This whole situation makes me feel like I have to parent my children alone. I would like to know what to do. My children are residents of illinois. Given this situation can I move out of state with my children, Will a court allow that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I share joint custody with my ex. Our divorce aagreement says he can take kids two weekends a month and once a week. He has been very inflexible and picked whatever weekends he wanted to pick and has totally stopped seeing children once a week. He has also remarried in another state and spends two weeks out of state. This whole situation makes me feel like I have to parent my children alone. I would like to know what to do. My children are residents of illinois. Given this situation can I move out of state with my children, Will a court allow that?
Response: If you ex is not longer actively involved in the children's lives and you feel that you need to go it alone and relocating would be in the best interest of the children, you can get a written consent of the father to relocate. You want this consent in writing in case the father denies giving you the consent to relocate. If the father refuses to cooperate, to give you his consent, then you should file Complaint/Petition for Modification of Custody and Visitation and request permission of the Court to relocate.
The Court would schedule the case for hearing. If the Court is persuaded of your reasons to relocate, the Court would grant your request. Otherwise, the Court would deny your request.

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