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3 years ago I signed my JPA that as the residential parent I…

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3 years ago I...

3 years ago I signed my JPA that as the residential parent I would not move out of the district so my kids could graduate high school here. I was not thinking I would ever get remarried. Well here I am, getting remarried. I want to move. Different town, same county. Different district, HOWEVER, ex still lives in district and since kids (13,14,16)sleep there 2 school nights a week we can legally use his address for school purposes only. So they can stay in their schools, and I do not break my word. My new home would be a total of 12 miles away. Ex will not agree, says he now wants custody of the kids. My lawyer does not seem to know what to do as all the "relocation" statutes are for 25 miles or more and no one has ever had to deal with someone refusing to let their ex leave a district....

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No, just notified him via TAlking parents and he responded with no and that he wants to change custody due to me moving 12 miles away

Lawyer's Assistant: Family law varies by state. What state are you in?

Illinois. Kane County

Submitted: 2 months ago.Category: Family Law
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Answered in 17 hours by:
5/31/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Hello again!

I'm sorry for the delay, but your question was previously locked (you may have inadvertently opted me out of the question), but it's since been cleared up!

I'm sorry to hear about your situation.

Based on the facts you shared, it is unlikely that a judge would rule against you or make a change in custody on these grounds.

The children will still be able to remain in their schools and graduate there -- which was the point of the previous relocation agreement.

Custody agreements are not meant to be punitive, but to facilitate a working parenting agreement in the best interest of the children.

Nothing that you've shared would be grounds for changing the custody agreement, as there is no harm or risk coming to the children.

If your ex chooses to file for a change in custody, it should end up being denied if these are the grounds for that request.

Alternatively you could proactively file a request with the court asking for a ruling and modification to the prior agreement, to permit your move 12 miles away, while your children remain enrolled in their current school district.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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