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Can you file a custody change yourself if both parties agree?

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

Hi all,

Haven't been on the boards in a very long time! I have a question regarding my situation:

My ex & I currently have joint custody in Illinois. He is considered the custodial parent. I currently pay him child support. We each have our son 3 1/2 days per week, only live a few blocks away, so everything has been working fine since the divorce was final in 2008.

I will be relocating to Michigan, about 3 hours away, in September. My ex has agreed that my son can go to MI with me and that I will not require him to pay child support. (I make more money, he lost his job, home, etc.) I will provide his costs for traveling to/from MI during the year for visits and our son will stay with him during the summer. We'll keep the same holiday schedule we currently have, because it has worked well for years.

My ex doesn't want to bother with changing the paperwork, but I'm adamant about having it in writing up front. I know he's embarassed about losing the job & house, but having it in writing protects us both. He keeps saying "just go, it's OK".

Can we write up this change ourselves and file it with the courts since we both agree? Money is tight and if I could save the cost of hiring an attorney, since we both agree on this, I'd like to.

Your thoughts?

Thanks in advance for your help :)
 


As always, Ohiogal, you are awesome! :D

Thanks for the quick reply. I'll read up online on how to go about it. Just wanted to make sure it was do-able first.
 

Ohiogal

Queen Bee
As always, Ohiogal, you are awesome! :D

Thanks for the quick reply. I'll read up online on how to go about it. Just wanted to make sure it was do-able first.
Be aware though that if you file for any state aid, they will pursue child support from him. You might find examples online at the Illinois supreme court website or the local court. MIGHT. Not necessarily will.
 

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