Can I lose custody if I move to a town that is 20 minutes away?

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Can I lose custody if I move to a town that is 20 minutes away?

My ex and I have joint custody. We currently live in the same town but I want to move to one that is 20 minutes away. No where in our custody agreement does it say that I can’t, only that I can’t move out of state. Now he is saying that he is going to take me to court for full custody. Can he? Can I move? I’m willing to let the kids continue at the pre-school they are in now and keep the visitation schedule the same.

Asked on November 10, 2012 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as this type of move is not addressed in your custody agreement and there will be no change in visitation and/or schooling, you should be able to make the move. Such a reloction would not typically be grounds for a court ordering a change in custody. This sounds more to be a control issue on the part of your ex.


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