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Out-Of-State Child Removal Cases

out-of-state-child-removal-min-1024x682 divorce lawyers chicagoOut-of-State Child Relocation

You can move with your child if:

  • You and the other parent are married or are in a civil union; or
  • You are the natural mother and the child has lived with you for more than 6 months

There must not be a court case involving your child. But, if you move out of state and the other parent files a parental responsibilities case in Illinois within 6 months, you will probably have to come to Illinois to participate in the case. You may even have to return your child to Illinois.

If there is already a court case involving your child, there are special rules about when you can move with your child. You should talk to a lawyer about how the rules apply to your case

If you already have a court order about parental responsibilities, and you have the most parenting time, you can move the child without asking the court or the other parent, if the move is not a relocation. In most cases you will need to give the other parent your new address.

You are relocating if you:

  • Move more than 25 miles from the child’s original home if it is in Cook, DuPage, McHenry, Kane, Lake, or Will Counties or the new home is out of state; or
  • Move more than 50 miles away from the original home within Illinois if it is not in Cook County, DuPage, McHenry, Kane, Lake, or Will Counties.

If you are relocating with your child, you must follow these steps:

  • File a notice of intent to relocate, and give a copy to the other parent at least 60 days before your planned relocation.
  • If the other parent agrees and signs your notice, you can file the signed notice with the court and move without going to court further. The court will also change your parenting plan/parental responsibilities order to allow the move.
  • If the other parent doesn’t agree or doesn’t sign the notice, then you must ask the court for permission to relocate.

After you ask the court for permission to relocate, you must go to a hearing where the court will decide if relocating is in the child’s best interests. The court will look at:

  • The quality of each parent’s relationship with the child
  • The reasons for relocating
  • Educational opportunities available in each location
  • The arrangements for parental responsibilities
  • Extended family in both locations
  • Impact on the child
  • The wishes of the child

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