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?
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.