Can I Move with My Child After an Illinois Divorce? 

 Posted on September 15, 2021 in Family Law

Married parents often move from one state to another with their children. After a divorce in Illinois, parents who share parenting time with their former spouse may be required to obtain permission from their former spouse and the court before they can move.

This article discusses the conditions around moving with a child after divorce. Whether you are a parent trying to stop your child from being relocated or a parent seeking to relocate a child, having an experienced family law attorney is essential.

How Far Can We Move Without Permission?

Illinois law requires a parent moving more than 25 miles away or crossing state lines to request permission from the other parent (this is broadened to 50 miles away if the parent lives outside of the Chicago area). If the responding parent does not consent to the move, then the parent requesting the move must file a petition with the court and show that the move would be in the child’s best interests.

Parents wishing to move must provide a written notice at least 60 days before the move, letting the other parent know of the new address, the intended move date, and how long the relocation will last if it is not temporary. Even if the responding parent consents to the move, the moving parent must file a notice with the court clerk.

What if My Ex Has Moved Our Child Without Permission?

Parents may feel as though it is their right to take their child wherever they want, but if a parent shares legal custody of a child this is simply not true. In fact, a parent who does not have primary parental responsibilities and who intentionally violates a court order by removing the child from the court’s jurisdiction can be charged with child abduction.

There are serious legal consequences for parents who relocate a child without permission from the court or the child’s other parent. Parents who do so face being held in contempt of court, having the child forcibly removed from their care, and losing parenting time altogether. Although it is less common, parents who take their child out of state without permission could be charged with child abduction and face Class 4 felony penalties.

Contact a Naperville Divorce Lawyer

The experienced DuPage County family law attorneys at Mevorah & Giglio Law Offices have over 200 years of combined experience helping families during and after their divorce. We can counsel you on issues such as child relocation and help you create a strategy to overcome any legal challenges to your move. Contact our offices today for a free consultation with one of our experienced attorneys. Call us at 630-932-9100.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K10-5