Legal Question in Family Law in Illinois

I am a parent of one son. His mother and i were never married. we agreed to joint custody in St. Clair county Illinois. I have plans to move Kirkwood Missouri in November 2012. It is less than 25 miles from where I live now. His mothers address is listed as his primary residence in the custody agreement. I plan on getting married next year and believe that I am making a good decision long term for my son and myself by providing a loving and nurturing home for my son during his time with me which is 3 nights a week. He is 9 and I beleive that the commute will be a minor issue now and will also lessen as time goes on. What legal requirements do i have to following in order to do this?? Please help.

chris cloud

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Asked on 10/30/12, 10:49 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You can move wherever you want. If Mom is the residential parent, you are merely changing the place where you exercise your parenting time. That is not a removal which requires a court order. If Mom is balking or objecting to you taking your child to MO for visitation, then you need to file a motion to confirm your right to take the child to your new home.

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Answered on 10/30/12, 11:04 am


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