Want to move

R

rich_mey90

New Member
Hello everyone. So me and my wife want to ove out of state from illinois to texas. She has a child with someone else. There is a cuatody order in place. Now the ather of her child does not do anything the order states he needs to do besides take her on the weekends. But the child will tell you he is never there. We usually drop the child of with a babyitter everytime she goes over there. He dont pay his court ordered child support either. We want to move to make a better life for ourselves. Better jobs and beter schools whwre we want to go. We believe we can give her a higher standard of living by moving down to texas. What are the odds that we will be able to go. We are petitioning with the courts on wednesday so we can take him back to court and modif the custody order.

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Your wife needs to modify the agreement especially if there is anything in it regarding moving. It's up to the court as to the outcome. A lot of what you mentioned does not matter.

Have you both considered how you are going facilitate the ongoing relationship between the child and her father? That might mean paying for airline tickets a few times a year and giving longer visitation periods than currently. That might mean giving the child access to a phone to be able to speak or Skype with her father.
 
Yes we will pay for transportation to and from her dads house along with she will go there every sumer for the whole summer and also during spring break and every other christmas.

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Nobody can really predict what will happen in court. Make your case and hope for the best. I think it will mostly depend on if the father shows up and how well(or not) he makes his case against it.
 
rich_mey90 said:
What are the odds that we will be able to go.
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5:2.

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Seriously, if you want odds, go to a casino. If you want a serious evaluation of a legal issue, you need to consult with an attorney. Posting a few facts from a one-sided point of view on a message board really isn't going to get you any sort of reliable analysis. That said, what does your wife's divorce decree/custody order say about her moving with the child?
 
I have read her court paper work. They were never married and he took her to court 7 years ago so that she couldnt move. Thats literaly the only reason he did it. He did not take his daughter after the court dates until almost 3 years afyer court was finished. And in her paper work it states nothing about not being able to move away only that he is to have his daughter on weekends and 2 weeks during summer. He has to pay child support and what not. Its a very short order that they have.

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If the current order doesn't state anything about where she lives with the child, then technically she could move, but if the court order gives him every weekend, then she is bound by that. Again she has to court and try to get it changed.
 
rich_mey90 said:
Hello everyone. So me and my wife want to ove out of state from illinois to texas. She has a child with someone else. There is a cuatody order in place. Now the ather of her child does not do anything the order states he needs to do besides take her on the weekends. But the child will tell you he is never there. We usually drop the child of with a babyitter everytime she goes over there. He dont pay his court ordered child support either. We want to move to make a better life for ourselves. Better jobs and beter schools whwre we want to go. We believe we can give her a higher standard of living by moving down to texas. What are the odds that we will be able to go. We are petitioning with the courts on wednesday so we can take him back to court and modif the custody order.

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You and your wife can go anywhere your money will take you.

The baby might not be allowed to leave the county or the state.
 
rich_mey90 said:
Hello everyone. So me and my wife want to ove out of state from illinois to texas. She has a child with someone else. There is a cuatody order in place. Now the ather of her child does not do anything the order states he needs to do besides take her on the weekends. But the child will tell you he is never there. We usually drop the child of with a babyitter everytime she goes over there. He dont pay his court ordered child support either. We want to move to make a better life for ourselves. Better jobs and beter schools whwre we want to go. We believe we can give her a higher standard of living by moving down to texas. What are the odds that we will be able to go. We are petitioning with the courts on wednesday so we can take him back to court and modif the custody order.

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Your wife needs to take him to court for contempt of child support and to modify her order. If her order says she has to ask the court for permission to leave with the child then she has to do it. She can't just leave with the kid.

YOU can go anytime you want. You have no play in this. You are not court ordered to do anything. Your wife can leave and if the judge says the child doesn't get to go she can still leave. I feel like if things are what you say that most likely the judge would let the child go with her BUT I can't predict the future. He will get a chance to present his side at court too. So be prepared for that.
 
rich_mey90 said:
And in her paper work it states nothing about not being able to move
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Then her ability to move with the child is governed by the laws of the State of Illinois. Some states default to allowing the custodial parent to move unless a court order says otherwise; other states require that the custodial parent obtain either the other parent's written consent or a court order. I don't know where Illinois comes out on that, but you could probably google it. Regardless, it appears that your wife has taken the matter to the court to decide, so a bunch of anonymous strangers on the internet speculating about what might happen is only slightly more useful than an ejection seat in a helicopter.
 
In all honesty im just trying to see if skmeone else has went throughthis situation before and what the outcome was. I understand every caseis diffeeent

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rich_mey90 said:
In all honesty im just trying to see if skmeone else has went throughthis situation before and what the outcome was. I understand every caseis diffeeent

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USUALLY the child is NOT allowed to live out of the county, or the state where the child custody order was issued.

There is no one answer that fits all.

As you said, EACH case is different.

You can't know in advance.

Your wife will just have to go to court to discover what the judge will decide.
 

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