Even in circumstances where divorce is the best solution for a family, it’s never easy. Having children and going through a divorce or being divorced adds many other layers of complex logistics and emotions. Just because your divorce has been finalized doesn’t mean there won’t be issues in the future. One common issue that comes up for divorced Illinois couples is moving out of state with a child. Maybe you’ve accepted a job out of state, received offers from out-of-state family members to help with your children, or are ready for something new. Whatever the case, you can’t simply pack up and move. Suppose you have children and want to move after your divorce. In that case, it’s best to consult with an experienced Illinois divorce attorney before doing anything else.
If your parenting plan provides you with equal (50/50) parenting time or the majority of parenting time, you can move with your child without the explicit permission of the court or the child’s other parent. However, Illinois family law makes a critical distinction between moving and relocating.
Under Illinois family law, you are relocating if you:
While parents who have the most parenting time have some freedoms to move, they don’t have total freedom without special permission. If you are relocating and moving out of state, you will need the permission of the child’s other parent or the court in order to do so legally. An experienced Illinois divorce lawyer can help you determine what your rights are and the best strategy for exercising them so that you can move out of state with your child.
To relocate out of state with your child, there are some detailed steps you must follow:
If the other parent agrees:
This situation is ideal because you can move without any further court involvement or the need to appear in court. The judge will modify your parenting plan in order to allow your out-of-state move.
If the other parent doesn’t agree or doesn’t sign the notice, you will need to:
Just as they did in your original parenting plan and any modifications since, the court will make decisions based on what is in your child’s best interests. They will examine the:
Contact The Goodman Law Firm today to schedule your private divorce consultation with a seasoned Illinois divorce lawyer. At your consultation, we will assess the circumstances surrounding your relocation, prepare to negotiate with your child’s other parent, and file any necessary paperwork. You can rely on us for full-service child custody representation.
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