Ask A Lawyer: Why Is The Court Saying I Cannot Move?

 

Question:

I am the custodial parent and want to move within the original 50 mile guidelines on the custody agreement. However, I was recently served with an order stating that I could not move from my residence. Doesn’t this go against my freedom to live wherever I want? Is there some way I can approach this problem that would allow me to move to a better neighborhood?

 

Answer:

While you have the freedom to live where you wish, the residence of your child is within the control of the court orders.  If your original custody arrangement allows you to relocate your child within a specified area, it is unclear as to why a court would preclude you from doing so.  However, without a review of the court documents as to the custody arrangements, it is not possible to assess why you were served with such a court order.  The change of residence of the child is reviewed in light of the prior court orders, circumstances of each parent, and the best interests of the child.Changes in schools, social activities, distance from the other parent, and other relevant factors will be considered by the court to determine whether moving your child is in your child’s best interest.   You would need to review these issues with an experienced domestic litigation attorney, such as the Cordell & Cordell office in your state.

 

 

Richard Coffee is a Litigation Manager in the Belleville Illinois office of Cordell & Cordell. He is an experienced divorce attorney whose practice is devoted to domestic litigation. He is licensed in the State of Illinois and is admitted to practice law in the U.S. District Courts for Northern, Central and Southern Illinois.

Mr. Coffee has extensive domestic litigation trial experience representing clients in courts throughout Illinois on all aspects of domestic litigation, including the representation of clients who are current or retired military personnel with issues under the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act, clients involved in state court jurisdictional disputes due to the relocation of one or both parties from or to Illinois, and clients with government or private pension benefit valuation and division issues. 

End of Content Icon

4 comments on “Ask A Lawyer: Why Is The Court Saying I Cannot Move?

    Franklin’s mom you are very correct nothing to be proud of but Army Couseling states he actually started PTSD by the problems he encounter from the 14 years of Parentinal Alineation of his now x wife. So we need to thank them for some of the problems in his life. The love of his child could have been handled so much differently for the best interest of the child. Parentinal Alineation is the cause of her not wanting to be part if his life. My Grandaughter loved me very much and an outsider did not see the love and interaction that she had for me. For most of Dale’s problems and the Childs problems we can thank the Mother and Lawyer husband.

    This entire situation makes me so angry. Poor pitiful dad.Whatever!!! I know for a fact the grandchild does not want to be around any of you. PERIOD. And now the dad has landed himself in jail(abandoning 2 other children) for threatening a judge. Truly something to be proud of, right?

    Grandmother – Peternal — Power of Attorney–for Allison–Franklin D. Jeffries 11
    I forgot to tell you in my previous notation that Sargent Franklin D. Jeffries is based now at Ft. Campell, ky.

    Grandmother —Peternal–Power of Attorney for Sargent Franklin D. Jeffries 11
    Our family and mainly our son Sargent Jeffries have been a child visitation for 11 years and the child, Allison is 12 years old. After neumorus years my son got Rule 26 visitation rights. He inlisted in the Army and the x wife has done everything to break these visitation rights due to joining the service. During the early years the child was sick all the time even to the point of saying the Allison was going to have a feeding tube in the emergency room. This was at start of a Christmas Vacation. My son was an hour late taking her home because he was asking why and what is going on x wife stated the child was going to have feeding tube inserted. He found out from Drs. that this was x wife idea and she has called twice to the Dr. Office asking for the feeding tube. The x wife got a Temporary Restraining order through Bill Swann Judge. This story went to Channel 6 news about Soldier Boy going to Iraq and not getting to see his child. The Channel 6 news called Bill Swann, Judge and the Judge stated he did not know the Father in Service and the Judge gave him his Christmas Visitation. This Temporary Restraining order remained in court with neither lawyer solving the case. Our Family thought this was nill and void. Franklin continued to get his summer vacation and after he came home from Iraq the xwife refused to let him see Allison. This being my 5th lawyer took the case and got 15 days for $1000.00 have paid other moneys since this time. Our lawyer has not done the first paper work in this case. We still remain without visitation rights, moving to her birthday in November and Christmas Holidays coming up again. Remember this has been 11 years of missed time with his daughter. Now she is stating Allison has a friend over. So we have changed from sick to friends. Now for the biggest problem her husband is a Lawyer in Knoxville. With the new law for Grandparents visitation we are not able to have this new Military law in our life because everybody is avoiding the Rule 26 which should take priority over the Temporany Restraining Order that should have only lasted few months. So we again paying Lawyer fees for what? This has taken the Grandparents Life Savings, Our Retirement. Trying to hold on to our house because surley this is about over. Or is it? All these years paying Child Support. Now I Believe in Child Support but that is all the Mother wants. If this does not stop my son wants Allison emincipated. The Lawyer David can just adopt her but that is not what they want they want their cake and eat it too. Allison loves us very much. She is afraid of her Mother. Sneaks around to talk to us when she can. My million dollar granddaughter. I have done so without, but I believe in love and family. She is missing all her cousins and what about those two sisters. My father was raised in orphanage. Dead Beat dads not this one. HELP!

Leave a Reply

Your email address will not be published.