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Can I Move Out of State With My Child After My Illinois Divorce?

 Posted on May 14, 2020 in Divorce

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Any aspect of divorce -- especially determining child custody and parenting time -- can be difficult to discuss and navigate. If you are trying to move out of Illinois with your child after a divorce, you might have difficulty justifying the move, but with skilled legal support, it is possible. Below is a guide for obtaining permission to move with your child, but it is also important to work with professional legal counsel. An experienced divorce attorney can help you convey the best argument to a judge if your ex-spouse contests your request to move.

Seeking Permission to Move

In Illinois, a parent who has the majority of the parenting time with their child or who shares equal parenting time cannot proceed with a move that would be considered parental relocation without receiving permission from the applicable family court. It is important to note that a move out of Illinois in which the new address is 25 miles or less from the child's current address is not considered parental relocation. Any out-of-state moves that exceed 25 miles from the original address will be subject to Illinois' parental relocation laws.

If you are planning a move that would be considered parental relocation, you must first provide written notice to your ex-spouse. A copy of this request must be filed with the clerk of the circuit court. Unless impractical, you must provide this written notice 60 days before your intended move. If you cannot give notice this early, you must provide the notice at the earliest possible date and have a valid reason for why this was necessary. Any notice must include the following:

  • The intended date of the relocation

  • The new address (if available)

  • The duration of the stay, if the relocation will be temporary 

If your ex-spouse approves of the relocation request, you may file a revised parenting plan with the court that contains any necessary changes to parental responsibilities or parenting time. If the judge agrees that these changes are in the child's best interests, the relocation request and modified parenting plan will be approved.

If your ex-spouse contests your relocation request, the court must then make a decision about how to protect the child’s best interests. This is where relocation requests can get particularly difficult, since parents may have different opinions on what they think is best for the child’s well-being. The judge will consider a number of factors in these cases, including your reasons for moving, the other parent's reasons for objecting to the move, your child's wishes, the educational opportunities available to our child at the proposed new location, the effect of the move on the child's proximity to extended family members, and how to reach a solution that will allow the child to maintain a positive relationship with both parents.

Contact a Plainfield, IL Parental Relocation Attorney 

After a divorce, a change of scenery may be beneficial. You may wish to move out of state with your child for a fresh start, to be closer to your family members, or to pursue a job. To ensure that you are making a persuasive argument for why your request to relocate should be granted, it is critical that you seek legal counsel. Meet with one of our experienced Will County divorce lawyers at the law firm of Tedone & Morton. Schedule your free consultation by calling us today at 815-666-1285.




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