Wanting to move out of state with children

[tgrluvr]

What is the name of your state?Illinois
Illinois is where I currently reside with my husband and five children. I am divorced from my ex, obviously. My first three children are from my first marriage. My husband and I want to move out of state to Texas from Illinois. My ex is not granting me permission. Can you please tell me how I can do this? The reasons for the move are:
My 3 yr old has asthma and warmer climate is better for him. Texas is not as good as Arizona, but is still better than Illinois.

We can get a larger home for less money. Currently we are all smooshed in a little house which can cause tension.

We also have employment offers.

Plus we really want to go.

There are plenty of advantages of moving that I can come up with, but did not know if I should place them all. Can anyone help me and tell me how this can be done or if it even can be done?
Thank you so very much,
tgrluvr

 

[stealth2]

If Dad is involved and objects to the move, then you're going to have trouble. You're going to need to show that it is going to be better for the kids to move far from their father than to have him as an involved member of their family.

You may be able to convince him to consent by offering generous visitation - what were your thoughts on that?

 

[cates57000]

xxx
Does it have anything in the papers of your first divorce, about moving the kids out of the state? I know in my divorce from my first husband it has if I want to move my son out of the state, I have to go in front of the court and ask permission with good cause to be moving him. My lawyer told me at the time, in most cases if you can provide reasons why things will benifit the child, most likely they will let you move the child. Good luck!

 

[stealth2]

I think Illinois requires a judge's permission. Regardless what the order says (unless it gives her outright permission to move), if Dad contests the move, she's got to deal with it through the courts.

 

[nextwife]

You can upsize the house without going all the way to Arizona. And plenty of asthmatic kids grow up just fine here in the Midwest. Also, there are plenty o good housing deals here in the tri state area.

Bottom line, if the court doesn't agree with your move and dad objects, you will not be able to move the child.

 

[casa]

What is the name of your state?Illinois
Illinois is where I currently reside with my husband and five children. I am divorced from my ex, obviously. My first three children are from my first marriage. My husband and I want to move out of state to Texas from Illinois. My ex is not granting me permission. Can you please tell me how I can do this? The reasons for the move are:
My 3 yr old has asthma and warmer climate is better for him. Texas is not as good as Arizona, but is still better than Illinois.

We can get a larger home for less money. Currently we are all smooshed in a little house which can cause tension.

We also have employment offers.

Plus we really want to go.

There are plenty of advantages of moving that I can come up with, but did not know if I should place them all. Can anyone help me and tell me how this can be done or if it even can be done?
Thank you so very much,
tgrluvr

Your best bet for a successful outcome is to file in the courts for permission to move. Bring documentation from the child's doctor re; the geographical benefit for his asthma (Though he's had it all along and you haven't moved previously, so expect that to come up). Bring in information on costs of housing in the area you propose to move as well as the contradictory prices of housing in the area you are living. Research the schools where you intend to move and provide information if the districts are good and/or better than where they currently go. If you have family members who live where you wish to move, have them file affidavits (Courts want to know if you are going to have family or support where you move, as opposed to just moving the children AWAY from family and support systems.) File any information on job offers to you in the new geographical area. Volunteer, in writing, to pay any additional travel/visitation costs for the children so the father isn't fighting that added burden.

What is important is the relationship the father has with the children- Does he see them regularly? Does he have joint custody? etc.

The it will be up to the judge's discretion on whether to allow the move or not- with both sides abiding by whatever the decision is. So, I advise you look for alternate housing in your state or county in the event you are not granted permission to move.

 

[stealth2]

Another question to consider is whether the 3yo is the child of the current husband or the ex. If the latter, he's free to be moved regardless. Cold though it may sound, the ex should not lose frequent contact (if there is such - and it hasn't been stated otherwise) because some "other" kid has a health problem. Dad could have custody of his kids, and Mom and the current hubby can move where they please.

Just playing devil's advocate.