Divorce is never easy, particularly for children in the dissolving relationship. Both you and your spouse have rights where those children are concerned, including the right to spend time with them. The chances are good that your parenting time arrangement was spelled out in the divorce, too. The bad news is that moving out of Illinois can have serious ramifications. While working with a Chicago parenting time attorney can help ensure a positive outcome, it pays to know what you’re up against in the first place.
Be Prepared to Modify Your Parenting Arrangement
If you move out of state, it will have a definite impact on your parenting time arrangement. This is particularly true if you’re a long distance from your spouse band your children. With that being said, the move itself does not change things at all. The same schedule is valid. The only way to make actual changes to that schedule is to have a legal modification in a court of law. Note that this can only be done if the court decides it is in the child’s best interests to modify the schedule.
Work with Your Ex
Perhaps the simplest way to get around the problems in this situation is to work with your spouse. If he or she is willing, then there is nothing preventing you from changing the parenting schedule to suit the new living arrangements. However, understand that the other spouse must agree on this; otherwise, you will need to go to court. It’s also important to note that a consensual but not court mandated change to the parenting schedule cannot be enforced. For instance, if your spouse initially agrees, but then changes his or her mind later, there is nothing that can be done short of going to court to legally change the schedule.
The Courts Can Help
Divorce is often fraught with disagreements and stress. It is entirely possible that you and your spouse will not be able to agree on a new parenting time schedule. If this is the case, the courts can rule in your place. Note that if this happens, the child’s best interests will be the guideline for any changes made.
Are you facing the prospect of moving out of state and need to change your parenting time arrangement? Is your spouse refusing to agree to changes? A parenting time attorney with the law offices of Michael C. Craven can help. Contact us today for a consultation.
