Will the court approve your child custody modification request?

Your employer is offering you a great new position, but you and your 10-year-old daughter would have to move to Chicago.

This would require modification to your child custody agreement. Will the court approve such a request?

Major changes matter

You may have heard that courts are generally opposed to modifying a child custody agreement that appears to work for everyone involved. However, a major change that necessitates modification is another matter. The court would consider such a request if the child or one of the parents becomes seriously ill, if a parent engages in domestic violence/succumbs to addiction or, as in your case, if a new job opportunity requires relocation.

Surmounting obstacles

Before addressing the court, you must discuss the need for relocation with your former spouse. Chicago is a drive of about two and a half hours from Morton, so the two of you will need to work out a new visitation schedule. This may mean that your daughter will spend more time with the other parent in the summer and during certain holidays and that you will provide transportation for her to visit Morton at least once a month.

Factors involved

In reviewing your request for child custody agreement modification, the judge will weigh certain factors:

  •         The state of the relationship between you and your daughter
  •         The state of the relationship between your daughter and the other parent
  •         Your ability to provide a stable home for your daughter
  •         The education and social opportunities available to her in Chicago
  •         Information about your new home and community and how they benefit your daughter

In the view of the court, the most important consideration pertaining to relocation is how it will serve the child’s best interests.

Seeking help

With legal guidance and sufficient preparation, you can address the court with confidence and be optimistic about your chances of approval. If you convince the court that you have your child’s best interests at heart, the judge will likely grant your request for child custody agreement modification.

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