Do I Need the Court's Permission to Relocate After a Divorce?

 Posted on August 02,2022 in Family Law

Getting a finalized divorce decree should be the start of your new life as a single adult. You likely want to enjoy some freedoms you did not have while you were married. Many divorced parents want to move out of the area they lived in during the marriage, and for a variety of reasons. You may have gotten a better job offer a few states away, or you could just want to return to your hometown to be near your family. Whatever your reasons for wanting or needing to move, you may need to clear it with the court before you can take your children with you. An attorney can help you determine whether you will need to return to the court to get permission to relocate with your children.

What If I Am Just Moving Across Town?

If you are a DuPage County resident and you are not moving further than 25 miles away from your children’s current home, then you will not need the court’s permission to move with your children. This distance is considered close enough that it will not interfere with the children’s ability to have a relationship with both parents.

The reason Illinois courts do not allow parents to simply pick up and move long distances is that doing so could interfere with the other parent’s right to parenting time. A very local move will not cause this harm. You will need only to provide the court with an updated address.

What If I Am Moving a Bit Further Away?

For DuPage County residents, you will need to get permission from the court if you are moving more than 25 miles from where the children live now. Cross-country moves may be a bit more difficult to get permission for, as the court will want to make sure that the relocation is best for the children and will not interfere with the other parent’s rights.

If the other parent is fine with the move or otherwise does not contest your petition to relocate, the court will simply amend the parenting plan to reflect your new address. If the other parent does fight back, we will have to show that relocating with you is in the children’s best interest. The court will consider factors similar to the factors it considers in initial custody proceedings.

If you generally have a very good reason for moving and can show that the children will do well with the move, it will likely be approved. It will greatly help your case to establish a plan for allowing the children to still enjoy a relationship with the parent staying behind.

Contact a DuPage County Child Relocation Attorney

If you are interested in relocating with your children, Mevorah & Giglio Law Offices can help. Our experienced Naperville child relocation lawyers will fight for you to be able to make the move you need to make and keep your children with you. Call 630-932-9100 for a free consultation.