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Roger, Attorney
Category: Family Law
Satisfied Customers: 31597
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband has joint custody of 3 kids ( his mother has

Customer Question

My husband has joint custody of 3 kids ( his mother has residential custody) the divorce order states a visitation schedule of every other weekend, holidays, ect. She up and moved about 4 hours away without notice. We do not even know the new address, and were not given the chance to see the kids prior. Is there anything that can be done? Can she move that far without permission from the court?
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
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Customer: replied 9 months ago.
Correction-The kids mother has residential custody not his...
Expert:  Roger replied 9 months ago.
Hi - my name is ***** ***** I'll be glad to assist.Does the custody order restrict the other parent's right to move away, out of state, etc.?
Customer: replied 9 months ago.
I believe it may have stayed that if the mother wanted to move we would have to revisit location. I was also told the was a new Illinois law in which the other parent has to notify the other in writing at least 60 days prior?
Expert:  Roger replied 9 months ago.

Usually, court orders provide that if a parent moves a certain distance from the other parent or out of state, permission from the court is required.

If the order says that IF a parent wants to move that the court will have to "revisit" it, then it sounds like she'd need permission before moving. If that is the case, you could file a motion to hold her in contempt of court and ask the judge to order the child back.....or at the change the custody or visitation to accommodate the move.