Even if you are not happy with certain aspects of your child custody settlement agreement, you must abide by them or formally request an Illinois court for a post-judgment modification. This is because breaching your contract can only further hurt your rights to access your child. For more information on these complicated issues, read on to see how a proficient Tazewell County child custody lawyer can guide you to the best approaches.
How can parental alienation create an issue with my child custody settlement agreement in Illinois?
Parental alienation is a major contributor to future child custody issues because if you are caught doing this, your child can potentially be removed from your custody and solely placed with your co-parent. In the state of Illinois, parental alienation is defined as framing your co-parent as lesser than, so that your child can reject their relationship with them. Examples of this behavior read as follows:
- You tell your child lies about your co-parent (i.e., that your co-parent does not love your child or that your co-parent is a bad person).
- You drive your child to have a false sense of danger when they are under the care of your co-parent.
- You drive your child to have hatred, fear, or distrust of your co-parent.
How can moving away create an issue with my child custody settlement agreement in Illinois?
Moving away may be best for a fresh start after the finalization of your divorce. However, it can make things complicated, especially if you share joint custody of your child with your co-parent. This is because, by Illinois law, you must get written permission from your spouse to move out of the state with your child. If you cannot obtain this permission, you must go to an Illinois court and prove that moving would be in the best interest of your child for their economical, social, and educational standing. Examples of factors that the court will consider read as follows:
- You are relocating to a safer area to raise your child.
- You are relocating to be closer to extended family to help care for your child.
- You are relocating to move away from your dangerous co-parent to protect your child.
- You are relocating for a higher-paying job to financially benefit you and your child.
Failure to receive permission is illegal. This is the case even if you are only temporarily leaving the state, and the offense is even more serious if you temporarily leave the country. This violation can ultimately warrant a post-judgment modification to your child custody settlement agreement that will not land in your favor.
Therefore, before making any drastic decisions that can hurt your child custody settlement agreement, you must quickly retain the services of a talented Tazewell County family law attorney.
Contact Our Experienced Illinois Firm
Contact Butler, Giraudo & Meister, P.C., today for effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support.