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Can I Move Out of State with My Kids after a Divorce?

 Posted on June 01, 2018 in Child Custody

If you are the custodial parent of your children post-divorce, you may have questions about what your rights regarding your children are. For example, if you’ve been offered a new job or opportunity out of state, do you have the right to move your children out of state with you? The following considers what you need to know about parental relocation with children after divorce. If you have more specific questions or are looking for legal guidance, call our family law attorneys at Fay, Farrow & Associates, P.C. for a consultation today.

Legal Process for Relocating with a Child

There is a legal process for relocating with a child in place that you must follow if you are the parent with whom your child spends the majority of their time (and the other parent has visitation rights), or if you and your ex-spouse share equal amounts of time with your child. Also, it’s important to note that this process is required for parents moving out of state with a child if the home is more than 25 miles away from their current residence.

  • Providing written notice. The first step for relocating with your child after a divorce is to provide written notice to your ex-spouse letting them know your plans for moving. The notice must include:
    • The date you plan to move;
    • The address to where you will be moving; and
    • The amount of time you plan to reside in the new location.
  • It is important that this notice is given as soon as is possible to your ex-spouse, but in all cases, no fewer than 60 days before you plan to leave. If your ex-spouse is in agreement with the move and does not contest it, they can sign the notice, and you will file the signed notice with the court.
  • Filing a petition with the court. In the event that your ex-spouse does not agree to the relocation and refuses to sign your written notice, you must file a petition with the court requesting permission to move out of state with your children.

If you are asking the court for permission, the court will grant permission based on the consideration of a number of factors that are used to determine whether or not the move is within the child(ren)’s best interests. These factors include the reason as to why you wish to relocate, the reasons your ex-spouse is objecting to the relocation, the quality of the relationship your child maintains with each parent, the wishes of the child, and more. See 750 ILCS 5/609.2 for more details.

Our Lawyers Can Help

Relocating with a child is a big decision and can be a legally intensive one as well. If you want to move and are worried about your right to do so or how the move may affect your child, please call us today. Similarly, we can also represent parents who are contesting the move of their child and ex-spouse.

Reach our Naperville family law lawyers by phone or by sending us a message using the form on our website today. We serve multiple cities throughout Illinois.

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