You probably have a child custody agreement if you have children and got divorced. After the divorce, your life may change, which might mean moving out of state to get another job or a fresh start. But how can you move to another state when you have a child custody agreement in Illinois? Keep reading to learn more, then speak to our Chicago child custody lawyer Michael C. Craven for legal assistance.
Child Relocation Requires Approval
If you are a custodial parent and want to move to another state with your child, obtaining approval from the court or the non-custodial parent is required. The fastest way to relocate you and your child out of state is for your ex-partner to approve the move.
Illinois child custody laws state that the parent with more or equal parenting time can ask to relocate with the child. But before this is allowed, they must give their ex a written notice about the planned relocation. You must send the notice to your ex-spouse at least two months before the proposed relocation. A copy of the move request notice should also be sent to the circuit court.
- When you intend to relocate
- The address of where you and the child will live
- How long you plan to be in the new location (if not indefinite)
This statute is a little more specific about what constitutes relocation – it can be within IL (different rules apply to Cook and surrounding countries) and applies to outstate only if the move is more than 25 miles from primary residence – see 750 ILCS 6/609(g):
“Relocation” means:
- a change of residence from the child’s current
primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an Internet mapping service; - a change of residence from the child’s current
primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an Internet mapping service; or - a change of residence from the child’s current
primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service.
When the other parent signs the document, the parent who wants to move must file it with the family court. A move is considered a substantial change of circumstances that may require the parenting plan and parenting time to be modified. If you have the other parent’s permission, the court may allow the move, assuming that the change is in your child’s best interests.
How To Get Approval From The Family Court
Ideally, the other parent will authorize the relocation, but if he or she does not or will not sign the notice, the parent who wants to move needs to file a petition with the family court. The court will decide if the move is in the child’s best interests. In doing this, the court can review many factors that include:
- Whether the move will improve the child’s life quality
- Why the parent wants to move, such as for a new job or to be with a new partner
- Why the non-custodial parent objects to the move
- Is it possible for a reasonable parenting schedule to be determined
- How far away the custodial parent wants to move
- What the wishes of the child are
- The quality of both parents’ relationship with the child
See all of the factors here from the Illinois Statutes regarding parental relocation.
So, you can move from Illinois to another state with your child, but you must follow the abovementioned rules.
Contact Our Chicago Child Custody Lawyer Today
Child custody disputes can be the most challenging aspect of a divorce, but you can have a favorable case outcome with the right legal assistance. If you have questions about moving with your minor child, divorce, and child custody, please contact Chicago child custody lawyer Michael C. Craven for assistance at (312) 621-5234.
