A Guide to Moving Out of Illinois State with Kids After a Divorce

Many things can happen after a divorce. Perhaps you want to move to a new location and begin life afresh, or you have got a new job opportunity elsewhere. No matter the reasons for the move, it is imperative to know that Illinois has stringent laws concerning relocation of children after divorce.

Relocating may not be a simple step since you need to obey the law. If you have custody of the children, relocating could mean that the other parent will spend less time with the kids, affecting their relationship in the long run. Because of this, the non-custodial parent may object to your move, making things challenging. It is imperative to understand Illinois laws concerning moving to a new location after a divorce. Read on to learn more about this.

Steps to Take Before Moving Out of Illinois with Children after a Divorce

Seek Permission from the Other Parent

One of the easiest ways to move out of Illinois with children after divorce is by seeking permission from the non-custodial parent. This is to let the other parent know and consent to your moving out of the state. If the other parent agrees to your move, you will have a seamless experience and won’t need to go to court.

Contact the other parent and see if they agree with you to move with the children. You can also send a notice to the other parent and the court. In this case, the other parent has 21 days to give feedback by either agreeing or contesting the move. If there is no objection, you will be free to move to your new location.

It is worth noting that some non-custodial parents agree initially but later change their minds for various reasons. In this case, ensure you agree in writing and let you and the other parent sign it.

If there are any changes from either party, include them in the agreement and sign against them. This helps protect both parents should one raise an issue regarding visitation rights. Here are several elements to include in the written notice.

• The date you intend to move
• Address of your new residence.
• The length of stay in your new location.

If the move is not urgent, you should give notice at least 60 days before the moving date. However, if it is urgent, give the notice immediately. If the other parent fails to consent and sign the notice, you will need to file a petition in court and be given a hearing date. In this case, you will have to present evidence and dispute the other parent’s reasons for objecting to your move. You will want to involve a family lawyer to guide and advise you.

Approval by the Court

Before the court approves your move, you have to prove that everything is in the best interests of your children. If not, the court won’t allow you to move out of the state with the children.

Once the judge rules that the move is in a child’s best interest, you will receive a new custody and visitation order. This includes children’s right to education, religious life, health and other activities. Under Illinois law, the court must confirm the following before allowing you to move.

• The time, distance and cost involved in the visitation of the non-custodial parent.
• Quality of life for the children and the non-custodial parent.
• Reasons why a custodial parent wants to move.
• Confirm why the non-custodial parent objects to the move.

The court might fail to approve your request to move out of state in the worst-case scenario. This can be inconvenient at best, whether it is an urgent move or not. In this case, it is best to speak to a legal representative to guide you through Illinois state laws on divorce and relocation and enable you to make informed decisions. The lawyer will navigate through and help you get the necessary permission to move out of state.

Contact Our Illinois Divorce Lawyers Today

Do you have custody of your children where your ex has visitation rights, yet you plan to move out of Illinois? Johnston Tomei Lenczycki & Goldberg, LLC in Lake County, Illinois can help you navigate through the processes. Contact us today for a free consultation and let us help you understand your rights and obligations. 847-549-0600 or info@LawJTLG.com