Are you wanting to move out of Illinois after a divorce? If you have kids, this can make the decision more difficult. Moving out of state with a child requires you to follow the legal framework set forth by Illinois law. You must get permission to do so from the court before you take kids with you. This process is complicated, but the right family lawyer can help.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. Our team understands the complexities of what you want and need. We help you negotiate a resolution with the other parent and present your case to the court. Let us be of help to you.
Illinois Law and Parental Relocation
Under Illinois law, your choice to move may qualify as a “relocation” if it meets certain definitions or factors. A relocation is defined as:
- A move more than 25 miles from the child’s current residence if they live in Cook, DuPage, Kane, Lake, McHenry, or Will counties.
- A move more than 50 miles from the child’s current residence in any other Illinois county.
- Any move outside the state of Illinois.
If your move is going to fit within in any of these categories, you should consult an experienced attorney right away. There are specific processes you must go through, even if you have full authority over the children.
How Do I Request Relocation in Illinois?
1. Provide Written Notice to the Other Parent
You have to give the other parent a written notice 60 days before the proposed move. The notice also has to have:
- When you plan to move
- Your new address, if you know
- The reason why you want to move
If the other parent is fine with that move, you can get it approved by the court with your attorney’s help. If they refuse to agree, you will need to file a petition and go to court.
2. File a Petition for Relocation
If there’s no agreement, you’ll need to formally petition the court. The judge will evaluate whether the move serves the child’s best interests. Factors considered include:
- The reason for the relocation
- The quality of each parent’s relationship with the child
- Educational, emotional, and developmental benefits of the move
- The feasibility of maintaining a meaningful relationship with the non-relocating parent
- The wishes of the child, depending on age and maturity
Common Reasons Why Parents Want to Relocate
Parents often seek to move out of state for:
- Better job opportunities
- Proximity to extended family
- Improved education
- Better healthcare options
- Safer or more affordable homes
What Happens If I Move Without Permission?
You face serious consequences if you would move without prior permission. This can include:
- Being held in contempt of court
- Modification or loss of custody
- Forced return of the child to Illinois
To avoid these unwanted consequences, always follow the legal process. Consult with a qualified Illinois family law attorney before making any relocation plans.
Tips for Strengthening Your Relocation Case
- Document Your Reasons: Provide evidence of job offers, school rankings, or housing benefits.
- Propose a Revised Parenting Plan: Include virtual visitation, extended summer breaks, or travel arrangements.
- Show Commitment to Co-Parenting: Demonstrate how you’ll support the child’s relationship with the other parent.
Learn How to Relocate With Children After an Illinois Divorce
You are allowed to relocated with a child, if you have the proper permission to do so. You have to go through the right legal channels and present your case appropriately. The court will consider the best interests of the children, and how you present your case can make all the difference.At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.