Relocating with child to another state

[austinito]

I am looking to relocate by the end of this year from Illinois to Arizona. I have a joint custody agreement for my seven year old. The agreement states that his father has visitation every Thursday from 4 to 8 p.m. and every other week end from Friday 4 p.m. to Sunday 4 p.m. The problem is is that my son hasn't seen his father since he was 2. The father just stopped coming to pick him up. No explanation no nothing. I found out about a year later that he went back to Mexico, and as far as I know, is still there. Now my question is....do I need to go to the judge and ask for permission to move with my child? Will the judge give me full custody, or will it stay joint? The agreement does also say that neither party can take the child out of state without written statement to the other person. I am also wondering if this is something I can do on my own, or will I need to get a lawyer.....

 

[Duranie]

You cannot just move. You will have to petition the courts to move and Dad will be servedWhat is the reason Dad has not seen the child? Its odd that he supposedly has joint custody yet never sees the kid. He can still try to dispute the move but unless he can prove you have not allowed him to have contact, he probably will not be successful fighting it since he does not see the child. Be advised Dad can always still ask for visitation.

 

[austinito]

We have joint custody because he was seeing my son. But it only lasted about 6 months. Actually, the last time he showed up to get my son, my son started crying and wouldn't let go of me and saying no. Needless to say, his father just left without taking him. How do I go about the petition if he is out of the country, and I don't know where in Mexico he is? Do I need a lawyer for this, or is it easy enough to do it on my own?