Parents shared joint custody of their two daughters. Father had specific visitation time with the girls. Mother moved 324 miles away. She had not filed a petition in court. She had not told the father of her intended move. She certainly did not get his consent.
She enrolled them in school at their new location. Education is to be by joint agreement. Not by one parent.
Father sought a modification of the parenting time. He now wanted the majority of parenting time.
The Trial Court said that it would not have granted a petition to relocate. Mother moved with her significant other because of a job relocation. That was why she moved. And took the children with her.
Mother was less than truthful about the circumstances surrounding her move. She knew in early June that she was going to move. She intentionally hid that fact from the father.
The father’s visitation was three weekends a month before the mother’s relocation. That would not work now. An 11–hour car ride every visitation weekend was not a reasonable long-term solution.
The trial court granted the father’s petition to modify parenting time. He got the majority of the parenting time. Mother got visitation on every long weekend and five weeks in the summer. Mother appealed.
The Appellate Court said that Mother relocated without getting permission from the court. The mother said that she did not know she had to get permission. The Court said that she knew she had to when Father filed his petitions. She still had filed nothing.
The Appellate Court looked at the factors involved in allowing relocation. The Father came out ahead on each factor. The trial court also found that the children had a close relationship with extended family in the father’s location. None in the mother’s location.
It was simply in the best interests of the children to live with their father.
IN RE MARRIAGE OF ADAMS, Appeal No. 3–17–0472, December 14, 2017.
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
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