call us630-584-4800

Free Consultations

How to Convince the Court to Allow a Move Out of Illinois State With a Child

Proving Your Case for Relocation in St. Charles and Kane County, Illinois

If you and your child’s other parent share parental responsibilities regarding your child, moving out of Illinois with your child will require you to seek the other parent’s consent. If he or she does not agree to the move, you can petition the court to allow you the freedom to relocate outside of Illinois.

Family courts in Illinois place a great deal of emphasis on the relationship between each parent and their child. The law also recognizes the challenges that divorced or unmarried parents face when they live a great distance away from their children. It is often difficult for such parents to exercise their parental rights and to enjoy significant time with their child.

Parental Relocation Attorneys in Illinois

When your parenting arrangement provides you with half or more of the parenting time with your child, you must get the approval of the other parent or the court before you can move:

  • More than 25 miles to a new home in Illinois from a current home in Cook, DuPage, Kane, McHenry, Lake, or Will County;
  • More than 50 miles to a new home in Illinois from a current home in any other county; or
  • More than 25 miles to a new home outside of Illinois from a current home in any Illinois county.

If the other parent does not consent to your move, the court can override his or her objections and allow you to relocate anyway. However, you must be able to show that your intended move will ultimately serve your child’s best interests. The court will take into account many factors, including:

  • Employment and educational opportunities in each location;
  • Presence or absence of extended family in each location;
  • Your child’s adjustment to his or her school and the local community; and
  • Your ability and willingness to facilitate a relationship between your child and the other parent.

Contact a Skilled Kane County Family Lawyer

To learn more about relocating outside of Illinois with your child, contact the offices of Goostree Law Group. Call 630-584-4800 to schedule your free consultation today.

Back to Top