Child Removal: Can you Take the Kids Out of State?

St. Charles Child Custody Attorneys

Yes, it is possible for you to move out of state with your children under the recent changes to the Illinois Marriage and Dissolution of Marriage Act. However, some restrictions apply to how far out of state you may move with your child without the court's permission.

Divorce is difficult for all members of a family. If you are a parent currently going through a divorce, work with an attorney who not only understands the divorce-related issues you are facing, but the issues you are facing with regard to your child's care and support.

Changing the Old Law to Make More Sense

Previously, Illinois parents could relocate anywhere within the state without the court's permission, but had to obtain written approval from their former partners to move out of state. If a child's noncustodial parent did not approve of the custodial parent's proposed move, the custodial parent had to petition to the court to have the decision overridden, which involved a close examination of the case to determine whether the child would be better served in the proposed new location or if he or she would be better off remaining in Illinois. This way of handling relocation was not efficient and for many Illinois families, unfair. Under the old law, it was possible for a parent to make a significant move without permission, but have to get approval to make a relatively minor move (for example, moving from southwestern Illinois into Missouri versus moving from the southern tip of the state to the shore of Lake Michigan).

Illinois' Current Child Relocation Requirements

Currently, parents who reside in DuPage, Cook, Kane, Lake, McHenry, and Will Counties may relocate within Illinois up to 25 miles away from their current home without the court's permission. Parents in all other counties may move to a new location within Illinois up to 50 miles from their current home. Any parent who wants to move out of Illinois may do so, but only up to 25 miles away from their current home without the court's permission.

Generally, the court will not allow a parent to move out of state with his or her child if the divorce is not yet finalized. However, the court may allow it in emergency situations.

Why Would a Parent Move Out of State with His or Her Child?

There are a lot of reasons why a parent might want to move out of state with his or her child. When seeking permission from the court to relocate, the reason or reasons that the parent provides for his or her proposed move have a significant impact on the court's decision.

Examples of reasons that would likely sway the court to approve of a proposed move include:

• A professional or educational opportunity for the parent that would significantly improve his or her quality of life, which would in turn affect the child's quality of life;
• An opportunity for the parent to get away from an individual, group, or circumstance present in his or her current community that is hazardous to his or her well being, as well as the child's;
• Having to move to receive a critical health treatment;
• Moving to be closer to important family members, such as the parent's parents or new spouse, whose presence in the child's life would benefit the child;
• Moving because of a career or educational opportunity pursued by the parent's spouse; and
• Any other reason that would significantly improve the child's quality of life, such as moving to an area where the parent's income could go further or the child would be exposed to better academic opportunities.

Not all reasons are good enough for the court to approve of a proposed relocation. Examples of reasons that would not likely garner court approval include:

• A lateral job move;
• A desire to keep the child away from the other parent or otherwise complicate their relationship;
• To cohabitate with a new partner after a short period of time; and
• For recreational reasons, such as a proximity to the beach.

Work With a Kane County Family Law Attorney

We are a mobile society. It is not uncommon for Americans to relocate to pursue economic and other opportunities for themselves and their families. But if you share custody of your child, the impact that your move could have on your child's relationship with his or her other parent must be considered. Speak with one of the experienced Kane County family attorneys at Goostree Law Group by calling 630-584-4800 to learn more about your right to relocate and how you can obtain an Order of Removal from the court.