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Moving/Vacation

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all4daddysgirl

Junior Member
What is the name of your state? Il.

I have 2 questions, can a CP move with their child with out the ok of the NCP if the divorce agreement does not mention anything about what is to happen in case of a move?

What must a NCP do in order to take his child on vacation if the CP says no?
 


king sol

Member
I believe in Illinois, a CP cannot move out of state without the permisssion of the judge. Except in custody cases won in a paternity hearing, these laws are unclear.

Moves within the state of at the discression of the parent who has sole custody. This parent is taking a risk of getting "in trouble" from the judge, if the move interferes with court ordered visitation.
 

all4daddysgirl

Junior Member
king sol said:
I believe in Illinois, a CP cannot move out of state without the permisssion of the judge. Except in custody cases won in a paternity hearing, these laws are unclear.

Moves within the state of at the discression of the parent who has sole custody. This parent is taking a risk of getting "in trouble" from the judge, if the move interferes with court ordered visitation.
Does anyone know where I can find a link with this information. I'm unsure what this means. You mean the CP can move 300 miles if it is in the same state and not 20 miles over the state line? If the CP moves in state what if it does affect visitation? Looking for anwers, thank you!
 

candi4687

Member
Look up relocating Parent Laws/ move away laws in your state on the net because each state differs from the other. As far as taking your child on vacation that all depends on what your plans are and if the vacation is taken while on your visitation time. If you intend on leaving the state the you are responsible for leaving phone numbers of the place you will be going and an Itinerary or plan of where the child will be. This is in case of an emergency the child can be contacted or if something were to happen there.
Good Luck

*http://family-law.freeadvice.com/child_custody/custodial_move_parent.htm

Also most states the CP has to provide the NCP with a "Letter of Intent to move" within (60) days PRIOR notice of the move. Check the link above to help you find out for sure about your state.
 
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all4daddysgirl

Junior Member
Thanks for all your time. Still a little confused, I understand that if the CP was to move it must be in the best interest of the child. But, does the CP have to have NCP's permission, the courts permission, how much notice must be given? Also, if I (NCP) choose to take her on vacation (Florida) during my 2 week visitation this summer what do I need to do? Send a certified letter to CP with all details, including location, numbers, aganda etc.? Thank in advance for your help I truely have done my research, yet can not find exactly what it is that I need.
 

LdiJ

Senior Member
all4daddysgirl said:
Thanks for all your time. Still a little confused, I understand that if the CP was to move it must be in the best interest of the child. But, does the CP have to have NCP's permission, the courts permission, how much notice must be given? Also, if I (NCP) choose to take her on vacation (Florida) during my 2 week visitation this summer what do I need to do? Send a certified letter to CP with all details, including location, numbers, aganda etc.? Thank in advance for your help I truely have done my research, yet can not find exactly what it is that I need.
What you have to do is notify the father AND the court at least 60 days in advance of your intent to relocate. The father then has the opportunity to challenge the move.

As far as vacation is concerned, you are perfectly free to take your child on vacation out of state. All you have to do is give the father contact numbers and information regarding where you will be.
 

all4daddysgirl

Junior Member
LdiJ said:
What you have to do is notify the father AND the court at least 60 days in advance of your intent to relocate. The father then has the opportunity to challenge the move.
I am the father and the NCP, so she has to notify me and the court 60 days before moving?

As far as vacation is concerned, you are perfectly free to take your child on vacation out of state. All you have to do is give the father contact numbers and information regarding where you will be.
Again, I am the father and NCP, so can I take my child out of state during my visitation time as long as I provide all details, locations, and contact numbers?
 

Ambr

Senior Member
As long as your court order does not specifically limit your vacations, etc.

Just be sure to give information to mom. All of the where, when, how long, and contact #s. And have a good trip!!!!

Now out of the country, or out of the contintental US -- mom might have a hissy. But she would have to go through the courts to get an order to limit it.
 

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