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tomturkey

tomturkey

Brain (6,477)

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Submitted 40 days ago...

abcd2006

abcd2006

New User (1)

I have recently been offered an opportunity in Madrid. My son is very excited for the move. What do I need to do to get the OK to make the move? My son wants to attend a boarding school 5 hours away from Madrid. How is visitation going to work?

I have sole custody of my son.
His father began exercising his visitation rights a year ago- every other weekend, once a week, every other mayor holiday.
We currently live in Illinois.

If the father's consent is required, I am not going to be able to get the father to consent.

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Answer 1 / 2 - Submitted 39 days ago...

bobintexas

bobintexas

Professor (1,341)

You are going to have to jump through a lot of hoops. First you have to have the court's permission to take you son out of the country (Illinois law) and your ex will be allowed input. Your visitation plan can be altered if need be but the biggest factor is your son. If he's old enough to tell the judge why he wants to go to school in Spain, the judge may circumvent the system and allow it. There is also the option of allowing your son to spend summers with your ex and the rest of the time with you. You're going to have to sit down and hash it out between the two of you before going into court and come up with a game plan. Remember the judge is only looking out for the child not the parents.

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Answer 2 / 2 - Submitted 39 days ago...

tomturkey

tomturkey

Brain (6,477)

The law in llinois regarding a custodial parent to relocate with the minor child(ren); states that a custodial parent seeking to relocate bears the burden of proving that the move is in the child's best interest. Factors for consideration include (1) Wheather the proposed move will enchance the quality of life for both of the custodial parent and the child. (2) Wheather the proposed move is a ruse designed to frustrate the other parent's visitation rights; (3) the motives of the parent in resisting the move; (4) the visitation rights of the other parent; and (5) wheather a reasonable visitation schedule can be achieved if the parent's right to travel alone. I would sujest that you file a motion asking he court to allow you to relocate with the minor child(ren), the reason I feel that you may have a good chance of getting the judge to approve th relocation is one you are offered an opportunity by moving that would benifit you and the child(ren), second you have sole custody, not (Joint) and that can make a difference,the father has not played an active part in the childs life, and the child is excited about the move, and the court looks at the best interest of the child, and in this case your stating the child isexcited, make sure you impress this on the judge, as well as your new job opportunity. The father will be able to try and keep you from moving, but that does not mean he will. Also do not make the mistake to relocate before you get the courts approval, if you do then the father can get custody of the child. I have seen this done, and it is a bad move. I hope this works out for you.Good Luck!

 

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