Q: Can mother with sole custody residing in separate state from the father,180 miles away, move to a state further away?
Mother in IL, Father in WI, move to AZ. The child is 7 and sees his father every other weekend. The father has never lived near the child and is several years delinquent in child support.
A: This depends largely on the terms of your divorce or parentage judgment. The parenting judgment should state who has parental responsibilities (custody) and how parenting time (visitation) is handled. It should also contain terms about relocation - moving the child over 25 miles from their location when the judgment was entered. If no terms are in the judgment, the law set forth in 750 ILCS 5/609.2 will govern relocation of the child. Generally speaking, if the other parent has left the state, it should be easier for you to relocate with the child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.