CP possibly moving out of state

[microbes]

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

I am the CP and the ex-wife gets every other weekend visits. I was laid off in July and have been doing contract work since I havent been able to land a permanent gig in my field. I received an offer back in August from a huge internet company that sells books, I wont name names... lol I turned it down due to the fact that I wasn't ready to relocate yet and the obvious, the visitations. There isn't anything in the order that addresses out of state relocations by either party. I have been unable to land a permanent gig in 6 months so everytime my contracry expires every 60 or 90 days, I go back into unemployment. I have a couple really good opportunities at the moment but they are both out of state. What type of visitation options should be considered if and when I decide to take a job out of state? Summers and holidays perhaps, are those acceptable? I have not made a real decision yet but I am weighing in what's best for my children and myself.

 

[Proserpina]

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

I am the CP and the ex-wife gets every other weekend visits. I was laid off in July and have been doing contract work since I havent been able to land a permanent gig in my field. I received an offer back in August from a huge internet company that sells books, I wont name names... lol I turned it down due to the fact that I wasn't ready to relocate yet and the obvious, the visitations. There isn't anything in the order that addresses out of state relocations by either party. I have been unable to land a permanent gig in 6 months so everytime my contracry expires every 60 or 90 days, I go back into unemployment. I have a couple really good opportunities at the moment but they are both out of state. What type of visitation options should be considered if and when I decide to take a job out of state? Summers and holidays perhaps, are those acceptable? I have not made a real decision yet but I am weighing in what's best for my children and myself.

How does Mom feel about it? Have you discussed it with her?

In Illinois the burden of proof would be on you, the relocating parent, to show why the move is in the children's best interest. You will also need to show that it will not impact their relationship with Mom (or at least not to any great degree).

Start looking at long-distance parenting plans, including skype/webcam visits. You should also be prepared to bear the cost of all transportation to and from Mom's, and be prepared to lose most of the summer and alternating holidays.

 

[single317dad]

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

I am the CP and the ex-wife gets every other weekend visits. I was laid off in July and have been doing contract work since I havent been able to land a permanent gig in my field. I received an offer back in August from a huge internet company that sells books, I wont name names... lol I turned it down due to the fact that I wasn't ready to relocate yet and the obvious, the visitations. There isn't anything in the order that addresses out of state relocations by either party. I have been unable to land a permanent gig in 6 months so everytime my contracry expires every 60 or 90 days, I go back into unemployment. I have a couple really good opportunities at the moment but they are both out of state. What type of visitation options should be considered if and when I decide to take a job out of state? Summers and holidays perhaps, are those acceptable? I have not made a real decision yet but I am weighing in what's best for my children and myself.

Illinois does not require notification by statute for moves within the state, but does for moves out of state.

To expand on Proserpina's answer, you will need to prove that the move itself is in the child's best interest:

(750 ILCS 5/609) (from Ch. 40, par. 609)
Sec. 609. Leave to Remove Children.)
(a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.
(b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.
The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this subsection.
(c) The court may not use the availability of electronic communication as a factor in support of a removal of a child by the custodial parent from Illinois.

In In re Marriage of Eaton, 269 Ill. App. 3d 507, 646 N.E.2d 635 (1995), a mother with sole custody sought to relocate to Florida to marry an attorney with an established practice in that state. The father opposed the move. The Illinois Appellate Court first noted that under In re Marriage of Eckert, 119 Ill. 2d 316, 518 N.E.2d 1041 (1988), a custodial parent seeking to relocate bears the burden of proving that the move is in the child's best interests. Factors for consideration include: (1) whether the proposed move will enhance the quality of life for both the custodial parent and the child; (2) whether the proposed move is a ruse designed to frustrate the other parent's visitation rights; (3) the motives of the other parent in resisting the move; (4) the visitation rights of the other parent; and (5) whether a reasonable visitation schedule can be achieved if the move is allowed. A "reasonable visitation schedule" is one that preserves and fosters the child's relationship with the noncustodial parent. The court in Eaton then held that the factors should be weighed and balanced, rather than being treated as separate prongs of a test.

 

[LdiJ]

In other words, what both Pro and Misto are telling you is that you might not retain primary custody of your child if you relocate out of state. Unless mom agrees to you relocating the child out of state, you will have a custody battle on your hands.

 

[Ohiogal]

In other words, what both Pro and Misto are telling you is that you might not retain primary custody of your child if you relocate out of state. Unless mom agrees to you relocating the child out of state, you will have a custody battle on your hands.

Misto didn't post to this thread. I think you mean single317dad.

 

[LdiJ]

Misto didn't post to this thread. I think you mean single317dad.

Yep...my bad.