Can I move with my child???

[bjamm1972]

What is the name of your state (only U.S. law)? Illinois
I was divorced a year ago. I allowed my ex to have shared parenting agreement, with me having physical custody of our 7 yr. old. His visitation is every other weekend, which almost never happened. 3 months ago I relocated to Chicago which is 4 hrs from ex, but still in Illinois. I made arrangements with ex for our child to stay with him until school was out, so she was there about a month. I went and picked her up about a month ago and she does not want to go back. She has always lived with me, we have never been apart except for that month. Ex says no way! I just found out a few days ago that ex just got 4th DUI, and it really is not a good environment for her there at all!! What proper steps must I take in order for her to stay here in Chicago with me? School is about to start soon so I need to do this asap, I am sure. Thanks for any help.

 

[sometwo]

Did you give the ex written notice before you moved? Did you get permission from ex or court before you moved?

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois
I was divorced a year ago. I allowed my ex to have shared parenting agreement, with me having physical custody of our 7 yr. old. His visitation is every other weekend, which almost never happened. 3 months ago I relocated to Chicago which is 4 hrs from ex, but still in Illinois. I made arrangements with ex for our child to stay with him until school was out, so she was there about a month. I went and picked her up about a month ago and she does not want to go back. She has always lived with me, we have never been apart except for that month. Ex says no way! I just found out a few days ago that ex just got 4th DUI, and it really is not a good environment for her there at all!! What proper steps must I take in order for her to stay here in Chicago with me? School is about to start soon so I need to do this asap, I am sure. Thanks for any help.

I would recommend getting a consult with a local attorney in the county where you previously resided. The proper thing would be to file for permission to relocate the child.

However, if dad does nothing, and you live in Chicago for at least six months before dad decides to do anything, then you are sort of home free. If dad got a 4th DUI he may be going to jail for a while.

In the meantime, you should plan to drive to dad's community every other weekend so that he can have his scheduled parenting time.

 

[kimberlywrites]

What is the name of your state (only U.S. law)? Illinois
I was divorced a year ago. I allowed my ex to have shared parenting agreement, with me having physical custody of our 7 yr. old. His visitation is every other weekend, which almost never happened. 3 months ago I relocated to Chicago which is 4 hrs from ex, but still in Illinois. I made arrangements with ex for our child to stay with him until school was out, so she was there about a month. I went and picked her up about a month ago and she does not want to go back. She has always lived with me, we have never been apart except for that month. Ex says no way! I just found out a few days ago that ex just got 4th DUI, and it really is not a good environment for her there at all!! What proper steps must I take in order for her to stay here in Chicago with me? School is about to start soon so I need to do this asap, I am sure. Thanks for any help.

I've seen this before. The words "I allowed."
Really?
Allowed?

 

[Proserpina]

4th dui over what period of time?

 

[LdiJ]

4th dui over what period of time?

I don't think it matters how far apart they were in terms of criminal matters. I realize that things vary from state to state but 3 DUIs over any amount of time in my state, would result in some jail time...and this guy has FOUR.

I can't believe that he won't do a little time plus lose his driving privledges for life.

 

[Proserpina]

I don't think it matters how far apart they were in terms of criminal matters. I realize that things vary from state to state but 3 DUIs over any amount of time in my state, would result in some jail time...and this guy has FOUR.

I can't believe that he won't do a little time plus lose his driving privledges for life.

It matters a great deal.

Illinois has a very short look-back period (5 years actually) - hence if he had two, before 2005, the most recent may well only count as a second.

I misworded this the first time I responded.

 

[LdiJ]

It matters a great deal.

Illinois has a very short look-back period (5 years actually) - hence if he had two, before 2005, the most recent will only be counted as a second.

Wow...I am glad I don't live in IL.

 

[Isis1]

It matters a great deal.

Illinois has a very short look-back period (5 years actually) - hence if he had two, before 2005, the most recent will only be counted as a second.

FIVE years??? I thought CA's ten years was horribly lenient!!! Good grief!!!

 

[Proserpina]

FIVE years??? I thought CA's ten years was horribly lenient!!! Good grief!!!

I know, right?!

Thankfully there are still some states that have longer "look backs". Oddly enough Indiana, from a quick google search, is showing up as 5 years too though (though granted I didn't do much more than glance for IN)



But anyway. Back to the post.

 

[LdiJ]

I know, right?!

Thankfully there are still some states that have longer "look backs". Oddly enough Indiana, from a quick google search, is showing up as 5 years too though (though granted I didn't do much more than glance for IN)



But anyway. Back to the post.

I am sure that Indiana doesn't have a 5 year lookback. Maybe as far as family law is concerned but not as far as criminal law is concerned. I know someone my age who had three DUIs over 15 years and had to go to jail for a year and lost his license for life.

 

[Proserpina]

I am sure that Indiana doesn't have a 5 year lookback. Maybe as far as family law is concerned but not as far as criminal law is concerned. I know someone my age who had three DUIs over 15 years and had to go to jail for a year and lost his license for life.

Hmm...not according to this.

Indiana is a state with a five-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of OWI, that driver will be considered a first-time offender. If a driver commits a OWI within five years of the first OWI, they are considered guilty of a second offense and are subjected to harsher punishments.

From this site:

Indiana DUI OWI Lawyers, Drunk Driving Laws & SR22 Insurance

This would appear to be criminal law, not family law.

 

[bjamm1972]

I should have worded the I ALLOWED part. I did our divorce papers myself, but we agreed, so please excuse me. Dad knew we were coming to Chicago, yes. Thanks so much to all of you, especially LdiJ. Great advice. Since my daughter is only 7 (she will be 8 in October) does she have any say so at all where she wants to be???

 

[Proserpina]

I should have worded the I ALLOWED part. I did our divorce papers myself, but we agreed, so please excuse me. Dad knew we were coming to Chicago, yes. Thanks so much to all of you, especially LdiJ. Great advice. Since my daughter is only 7 (she will be 8 in October) does she have any say so at all where she wants to be???

If where she wants to be constitutes "in the bathroom", "playing" and/or "doing school stuff" then yes. To a degree.

Otherwise absolutely not.

And you're welcome.

 

[AbbaDabba730]

If where she wants to be constitutes "in the bathroom", "playing" and/or "doing school stuff" then yes. To a degree.Otherwise absolutely not.

And you're welcome.

That was hilarious!