Can I Travel With Our Kids Before My Illinois Divorce Is Finalized?

 Posted on January 25, 2024 in Divorce

For families with the means to travel on vacation, such trips can be a welcome change of pace. While everyone can benefit from fresh scenery and a break from routine, families who are in the midst of a divorce often experience pressure and stress, and a vacation trip can be especially refreshing. However, if your divorce and therefore your parenting plan has not yet been finalized, it can be quite complicated to travel with any children you have who are minors. Speak with a Kane County, IL, family law attorney to understand what might be the best way for you to proceed.

Legal Implications of Travel During Divorce Proceedings

When two parents are married to each other, it is not problematic for one parent to take their children on a trip. There are many different reasons why married parents might travel separately. Maybe the mom recently gave birth and could use some quiet at home; in such a case, the father might take the older kids to their grandparents for a few days. If a cousin is getting married and there is an elaborate wedding weekend planned but one parent has professional obligations that they cannot get out of on that Friday, the other parent might take the kids earlier and the parent who has to work that day can join them later on

There is no clear law regarding the ability of parents to travel with their minor children while their divorce is still pending. The reason is that the members of this family are in a sort of limbo state. The parents have not yet legally separated their parental rights and responsibilities; it could seem that everything is the same as if the parents were still married since they legally still are. However, since questions of child custody and parental rights still exist, it may not be clear whether the parent who wants to travel with the children has the authority to do so.

Inner-state travel is less of a complicated matter. If a parent wants to bring the children outside of Illinois, both parents need to agree, meaning, the other parent needs to grant their approval for the trip.

Schedule a Free Consultation with a St. Charles, IL, Divorce Lawyer

If your divorce is not yet finalized but you want to travel out of state with your children, speak with an experienced Kane County, IL, divorce attorney to find out what is involved in making this happen. At Goostree Law Group, we offer free consultations. Call 630-584-4800 to schedule yours so we can start helping you plan.