Legal Question in Family Law in Illinois
Custody
Hello. My son's father and I have a joint parenting agreement, with each of us having custody of our sone for one week on and one week off. We both currently live in the same town and my son just started going to Pre-K at a school near the town we live in. My husband and I are thinking about moving next year to a town 40 miles away. If my ex tried to go for full custody of Ryan, would us moving become further away become an issue? We do not want to move if my ex can use it as leverage in court to have my son more often because he would continue living close to his school. Or her is another question...if we move, can we try to get primary custody of Ryan and move his school to the town we move to? Please let me know if you need more info to answer my quesiton. Thanks so much!
1 Answer from Attorneys
Re: Custody
The first big question when you're talking about changing custody is have you been divorce and/or was the custody judgment entered within 2 years or has it been more than 2 years? I ask mainly because it's almost impossible to change custody if you're still within 2 years.
Assuming you're outside two years I'd say absolutely the father could use your move as leverage. If you move there's obviously going to be a custody change...one week on and off won't work if you're an hour away with different school districts (unless possibly if you're going to drop him off and pick him up each day). Why are you relocating? Also, remember in joint custody you must attempt to mediate all issues first. You may want to start that process.
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