Can I Move With My Minor Child Before My Divorce Is Finalized?

 Posted on July 15, 2022 in Child Custody

Once an Illinois couple with minor children decides to file for a divorce, one parent usually moves out of the marital home. Sometimes this relocation is local, but other times it may make sense to move further away, especially if there is a job change or a parent wants help with the children from their extended family. But while parents can move anywhere with their children while they are married, they are far more restricted about where they can go during and after divorce. If you are getting divorced in Illinois and want to move with your child, seek help from an experienced family law attorney.

Relocating During Divorce

Parents in Illinois who have a majority of parenting time can ask to relocate with their minor child after a divorce is over and a parenting agreement has been created. But until a divorce is finalized, neither parent has majority parenting time. This means parents cannot move away from their address at the time of divorce with a child without a judge deciding such a move would be in the child’s best interests.

Relocating After Divorce

Once a divorce has been finalized, parents living in the following counties must get permission before moving more than 25 miles from their current residence:

• Cook
• DuPage
• Kane
• Lake
• McHenry
• Will

Parents living in any other county in Illinois may move within 50 miles of their current residence without permission unless they are moving out of state, in which case the distance is shortened to just 25 miles. While these are the limits imposed by state law, parents can create even stricter stipulations around when they will relocate.

A parent who wants to move outside of the allowed boundaries must get permission from their child’s other parent and, if that parent refuses, ask the court for permission. Judges will approve or deny a request to relocate a child based on whether it would be in the child’s best interests, examining how the proposed move would affect the child’s integration in their school, community, and what the overall benefit to a family would be.

Call a Kane County Parental Relocation Lawyer

Relocating during a divorce may be necessary, especially if a great career opportunity presents itself. To get help understanding the law and your options for moving with your child during and after divorce, call the experienced Batavia, IL parental relocation attorneys with the [[title]] Contact us today at 630-879-9090 to schedule a free case review.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm