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CP considering relocation

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microbes

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

I'm the CP. Visitation is every other weekend from Saturday morning to Sunday night. No additional visitations during the summer or holiday vacations. It was just never set and my ex just never sought additional visitations. However, I often times would offer additional days during the summer and breaks but lately she has refused to take advantage of any of those additional days. I make all efforts in making sure our son gets to spend time with his mother and have been extremely flexible when she's unable to visit with him. I also drop off and pick up from an hour away where the mom decided to move when we separated. She also has phone visitations everyday, that I have been extremely flexible with. There is nothing on the divorce decree or custody that states neither one of us can or can not relocate.

Anyway, I work in a field of information technology that is extremely niche. Since I have been laid off in 2011. I have been unable to find work locally. I have been consulting for companies outside of Illinois. I had to pass up a couple great opportunities in Silicon Valley due to the visitation situation and at the time I was still hopeful that I'd find something locally. I unfortunately have not. I literally know of maybe 5 companies locally that have at one time or another hired someone with my skillset and I have either interviewed with all of them already or at least applied for a job and I have either at one time or another accepted or rejected a contract opportunity with them. I am currently consulting for a large telecommunications company in Los Angeles where I work remotely and travel to once a month for a week. I am being offered an opportunity to head up an office in Houston and go on board as a permanent employee with benefits and insurance which I am currently paying a premium for. Our son needs insurance due his Asthma and I don't qualify for state assisted insurance due to my income. I have since remarried and my wife's family is from Houston.

Anyway, my reasons for wanting to move has nothing to do with interfering with my ex' visitations whatsoever. I essentially would lose my current consulting gig if I am to decline the opportunity they are considering me for because they would have to obviously pursue other candidates. I have tried to get the matter resolved amicably with my ex but she refuses to and wanted the courts to decide. I have offered to have the visitations changed to 8-10 weeks during the summer, split the holidays and maybe have her travel to where we are at once or twice a year at my expense. I feel that the move will improve the quality of my family's life and esp our child. We're considering to move in a very nice master-planned community in Houston where the schools are excellent. He has Asthma and the weather in Illinois has been brutal on him and the drastic change in weather has been his main trigger. Houston, though hot has a more steady weather that I feel would be easier on him and during the summer when it get's really hot, he'll be in Illinois for his visitations. I also feel that the quality of his visitations will improve if he were to spend more time with his mother for an extended period as opposed to 32 hours or so every other weekend. I have also offered to provide a tablet with Internet access so they can Skype or face time daily as opposed to just plain 'ol calls. So far, the only thing I have heard from my ex why she opposes with the move is because it will not be convenient for her to have him in the summer and that it's easier for her to see him every other weekends.

Please advice. I do realize that there are some angles to this that I may be missing. I want what's best for my child and I have turned down 6-figure opportunities in the last 12 months. I unfortunately can't do it anymore, medical bills piled up for not having adequate health coverage. I also obviously have personal reason to want to move, I want to further my career and improve the quality of my life, my wife and my other children as well. By the way, my ex is on Public Aide and have been on the verge of eviction over the last couple years, at least that what she claims to avoid paying child support which she is behind on currently.

How do I present the case to our judge? Should I hire a lawyer to assist me with this? Is there a chance that the judge may revert custody to my ex due to the fact that I am considering relocation?
 


stealth2

Under the Radar Member
What has changed since your previous thread(S) on relocation over the past year and a half or so? I mean, really - all of your questions have been asked and answered...
 

CJane

Senior Member
Illinois is not exactly move-away friendly. The burden will be upon you to prove to the court that the move is in the best interests of the child. Here's a synopsis of what the court considers:

1. Whether the proposed move will enhance the quality of life for both he custodial parent and the child
2. The custodial parent's motives in seeking the removal and whether the proposed move is merely a ruse intended to defeat or frustrate visitation
3. The non-custodial parent's motives in resisting the removal
4. The proposed move's likely effect on the non-custodial parent's visitation rights
5. Whether a realistic and reasonable visitation schedule for the non-custodial parent can be worked out
 

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