call us630-584-4800

Free Consultations

Can My Ex Move Out of State with Our Child? 

Posted on in Child Custody

Kane County family law lawyerIf you share a child with your ex, and they are considering moving out of Illinois, you may feel nervous about what this means for the future of your relationship with your child. Fortunately, the Illinois Marriage and Dissolution of Marriage Act includes provisions limiting how far custodial parents can move with their children without court approval.

When is a Parent in Illinois Allowed to Move with a Child?

If your ex has custodial rights or parental responsibilities for at least half of the time, they are able to ask permission from the court to move and take the child with them.

A parent who lives in Cook, DuPage, Lake, Kane, McHenry, or Will County can move with a child within Illinois up to 25 miles away from where they lived previously, without receiving court approval. A parent who lives in any other county may move up to 50 miles away. Likewise, a parent who lives near the Illinois border with any other state may move into a different state as long as they remain within 25 miles of their previous location.

Does My Ex Have to Let Me Know They Plan to Move?

If your former spouse intends to move outside of these limitations, they must give you written notice of their relocation plans. This notice must include the anticipated date of the move, the address they will be moving to, whether the move will be permanent, and how long they plan to live at the new address if it is not permanent.

This notice must come at least 60 days before the move, unless for some reason the circumstances make 60 days impractical. For example, if your spouse gets a new job out of state and begins within a month, they must then notify you as soon as possible.

What if I Object to the Move?

When your ex plans a move outside of the distance parameters discussed above, they must file a notice with the clerk of the district court. If you object, you may refuse to sign the notice. Your ex must then file a petition with the court asking for permission to move. A court will take several factors under consideration when deciding whether to approve the move, including the reason for the move, opportunities for the child at the new location, and the potential impact on your relationship with the child.

What Happens if My Ex Does Not Follow the Law and Moves Anyway?

Judges take parental openness and honesty seriously when evaluating what is in a child’s best interests. If your ex moves outside the legally permitted distance without notifying you or filing notice with a clerk of the district court, a judge can hold their noncompliance against them when deciding whether to approve the move. If your ex is found to be noncompliant, they may be ordered to pay the court fees you incurred during the process of fighting the move.

Contact a Kane County Family Law Attorney

Even if your former spouse’s reason for moving out of Illinois is understandable, you may have legitimate reasons for wanting to prevent them from leaving the state with your child. Contact the team of experienced St. Charles, Illinois family law attorneys at Goostree Law Group and find out your options according to current Illinois parental relocation laws. Call us today at 630-584-4800 to get your free and confidential consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000

Back to Top