Is your ex-spouse trying to move away with your children? One of the most difficult parts of a divorce is seeing your children less, and if your spouse moves away, it could make that even more difficult. Luckily, with the help of a Chicago family and divorce law firm, we can help prevent this from happening.
Here are some factors that could affect the outcome if your ex-spouse wants to move your children away.
The custody arrangement
Now called Parenting Time, the child custody arrangement will affect whether or not your ex can move with your children. If you have partial custody, it’s unlikely that they can legally move far away. If you don’t have partial custody, and only have regular visits, there’s still a good chance the courts will not allow them to.
What is the distance of the move?
In several states, there is a specified range in which an ex-spouse can move with your children without at least giving notice. Typically, it must be within 50-100 miles.
Did they give formal notice?
Oftentimes, your ex-spouse must give a formal notice prior to moving. It should be in the form of a legal document and should include the destination, why they’re moving and a visitation plan. It should also be given at least 60 days before the move date.
You have 30 days to object to the move when your ex-spouse proposes it, which will then result in a relocation trial. In most states, the courts treat staying in the same location as the norm, so your ex’s lawyers will have to be the ones arguing for the move. They will have to prove that the relocation is in your childrens’ best interests. There aren’t specific rules for these situations, so judges generally make different decisions case by case. The primary factors looked at by the courts include:
- Custody arrangements
- The distance of the move
- The motivation of both parties
- What is in the childrens’ best interest
Getting Professional Advice from Masters Law Group
At Masters Law Group, we specialize in all family law related matters and focus on helping clients assert their rights to further the best interest of their children.
We offer a wide range of services tailored to our clients’ unique legal needs and have a depth of knowledge, experience and talent in the Family Law and Divorce field.
If your ex-spouse is proposing to move away with your kids, we can help. Contact us to schedule your consultation here today.
PARENTING TIME SERVICES WITH MASTERS LAW-GROUP
Whether to hire a lawyer or navigate child custody solo is one of the first considerations for parents who are petitioning the court for child custody.
Parenting Time of your child is a very emotional law topic. Parenting Time rights may be determined by the agreement of the parties or by a court order.
Masters Law Group represents individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. Learn more and set up a consultation with us here today.