Does your ex have to agree if you want to move out of state?

 Posted on May 28, 2021 in Child Custody

One of the most difficult things about sharing custody with your ex is their constant involvement in your life. If you want to plan a weekend getaway, you have to communicate with them to let them know the kids won't be available to take phone calls that weekend.

If you want to completely change your schedule for the next two weeks, you may have to negotiate a temporary shift to your parenting plan or custody order.

Family law judges typically want to protect the relationships of each parent. Does that mean that your ex gets to decide whether you can move to Wisconsin to take a new job or move in with your parents?

If your ex approved it, that could help you

Any relocation outside of the state or more than a reasonable drive from your ex's house could affect your parenting plan. A major relocation is a significant change in circumstances that could justify a custody modification.

If your ex agrees that moving is good for you and will benefit the kids, the two of you can file for an uncontested modification that allows you to relocate with the kids. If they don't agree with you, then you will likely have to go to court.

The courts want to know their choice will positively impact your child

You want to move, but your ex says it will interfere with their parental rights. A judge will be the one who decides what to do. They will consider the relationship you have with the children, your reason for moving and many other factors when determining if the move is in the best interest of the children in your family.

If they decide that it is, they may approve your relocation and modify your custody order accordingly. If they think that the move will cause more harm than benefit for the children, they may rule against it and ask you to remain in Illinois, or they may allocate more parenting time to your ex. Planning ahead before a relocation request can improve your chances of securing a positive outcome.