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.
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.
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.
The experienced DuPage County family law attorneys at [[title]] 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 [[phone]].
Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.
Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.
Our practice is focused on meeting your needs with flexible hours and locations to serve you: