Can I move out of state with my kids?

[hellenejeffery]

What is the name of your state (only U.S. law)? Illinois

I currently live in Illinois with my husband and our two children. I have an older child from a previous marriage that lives with his father, i see him every other weeked. I want to leave my husband and move to Wisconsin. The area I want to move to is less then 15 miles away from where we currently live. My older son lives in that same town. I currently work part time evenings, I leave when my husband gets home from his full time job. I want to move to this particular town in Wisconsin for a number of reasons..1) There is no waiting list to get help with housing, whereas in IL there is currently a 3 year waiting list 2) I have relatives in that town that are willing to help me with the kids so that I can seek full time employment 3) My older son lives in the same town. My husband is controlling, manipulative and mentally abusive (which are all hard to prove to ANYBODY). Do I have a legal right to move out of state with the kids and put them in a new school without his written permission?

 

[Proserpina]

What is the name of your state (only U.S. law)? Illinois

I currently live in Illinois with my husband and our two children. I have an older child from a previous marriage that lives with his father, i see him every other weeked. I want to leave my husband and move to Wisconsin. The area I want to move to is less then 15 miles away from where we currently live. My older son lives in that same town. I currently work part time evenings, I leave when my husband gets home from his full time job. I want to move to this particular town in Wisconsin for a number of reasons..1) There is no waiting list to get help with housing, whereas in IL there is currently a 3 year waiting list 2) I have relatives in that town that are willing to help me with the kids so that I can seek full time employment 3) My older son lives in the same town. My husband is controlling, manipulative and mentally abusive (which are all hard to prove to ANYBODY). Do I have a legal right to move out of state with the kids and put them in a new school without his written permission?

You can move where you wish - but generally to relocate the kids will need either permission from him, or permission from the courts. Because the move is only 15 miles away you may find it easier than most to convince the court that the move won't affect Dad's parenting time.

 

[mistoffolees]

You can move where you wish - but generally to relocate the kids will need either permission from him, or permission from the courts. Because the move is only 15 miles away you may find it easier than most to convince the court that the move won't affect Dad's parenting time.

Yes, but it's still taking the kids out of the court's jurisdiction, so she still needs to come up with a valid reason why it's better for the kids to be moved to a different state.

There has to be a good reason for the change and why it's better for the kids. "It's not horribly inconvenient for their relationship with the father" may lower the level of benefit that she needs to show, but she still needs to show SOME reason why it's better for the kids. I'm not saying she can't prove that and the information she gave is a start, but she'll need to build that into a solid, KID-FOCUSED rationale.

Otherwise, the father could simply say "let's leave the kids in their current home and school district and let them continue to play with their same friends in the neighborhood and she won't have any problem seeing them on a regular basis since it's only 15 miles".


Of course, if the father agrees, it's a no brainer. Take his agreement to the judge and ask for approval. If the father doesn't agree, start working on your justification.

 

[karen4284]

I had to get permission from my ex here in California.

Luckily he wasn't interested in the children so it was a 1-2 type of situation.

 

[Proserpina]

I had to get permission from my ex here in California.

Luckily he wasn't interested in the children so it was a 1-2 type of situation.

....

OP is not in California.

 

[Silverplum]

....

OP is not in California.

Somebody's in California.

 

[Isis1]

Somebody's in California.

heyyyyyy!! what's that supposed to mean!!

 

[Silverplum]

heyyyyyy!! what's that supposed to mean!!

I'm dreadfully sorry, my Coloradoness took over for a minute!