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Serving Kane, McHenry, DuPage and Cook Counties

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

Posted on in Family Law

kane county custody lawyerSharing parenting responsibilities and parenting time for your child can be complicated, especially when parents have different opinions on where the child should live. People in America today are also exceptionally mobile, and moving out of state is common. However, after a divorce in Illinois, moving out of state - or even outside of a certain distance - when you share parental responsibilities for your child may require approval from a court.

How Far Can I Move in Illinois with My Child? 

If you have parental responsibilities and parenting time for at least half the time, you may ask the court’s permission to move and take your child with you. However, the distance you can move depends on a few factors. 

If you live in Kane, Cook, DuPage, McHenry, or Will County, you can move up to 25 miles away from where you lived previously without asking permission from the court, even if the move is across the Illinois border to a city in a neighboring state. If you live in any other county in Illinois, you may move up to 50 miles away. Any farther than this, and you must file a notice for approval with your local court. 

Do I Have to Let My Ex Know I Plan to Move? 

If you are moving further away than the above limits, you must also give your ex written notice of your relocation plans at least 60 days before you move. If extenuating circumstances, such as getting a new job in another state or getting evicted from your previous residence, make the 60-day notice impossible, you are required to notify your spouse as soon as possible.

In the notice, you will need to inform him or her of the address you expect to move to, when you plan to move, whether your move will be permanent, and, if the move is not permanent, how long you will live at the new address. 

What if My Spouse Objects to Us Moving? 

If your spouse objects to your planned move, they may refuse to sign the notice you filed with the court. If this happens, you must then file a petition with the court asking for permission to move. The court will consider your reason for the move, what life for the child would be like at the new location, and the move’s potential impact on the relationship between the child and your ex. Ultimately, the court may decide not to approve the move. If you move anyway, you could be held in contempt of court and forced to relocate the child back to Illinois. 

Speak with a Kane County Family Law Attorney

The Law Offices of Benedict Schwarz II, P.C., are committed to helping you understand Illinois family law so you can do what is best for you and your child. We have experience handling complex and difficult divorce cases, as well as cases involving petitioning the court for approval to move out of state. Get an initial consultation with a Barrington, IL divorce attorney by calling us today at 847-428-7725. 

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000 

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