Can I Move out of State with My Child after an Illinois Divorce?

Can I Move out of State with My Child after an Illinois Divorce?

If you are the primary custodial parent, which means that your children live primarily with you, in the State of Illinois and you are planning on moving out of state post-divorce, it is a matter that you are going to need to address with your ex and with the court. In Illinois, the court will see such a move as upsetting the balance of your child custody arrangements and will need to ensure that it is in your children’s best interest, which makes having an experienced Illinois child custody attorney in your corner in your best interest. 

Negotiating with Your Ex

The best way to orchestrate a move post-divorce is to negotiate terms with your ex directly. While it is important to finalize the plans you make with the court, this is the only way to keep the court out of your decision-making process. If you can set up a parenting time plan that allows your ex access to your shared children that is not too inconvenient and that is not too significant a burden on him or her, the court will very likely sign off on it. It’s important to note, however, that the parenting time schedule in your divorce decree remains active unless it is modified, and defying it can get you in trouble (even if you do have an arrangement with your ex, to begin with). 

Reasons for Your Move

There are any number of important reasons why you might want to move with your children, and the court will carefully consider this reason when it makes its final decision regarding the move. Common reasons include:

• Moving for either a job opportunity that will provide you with greater resources for your children or due to a job transfer
• Moving to provide your children with greater educational opportunities
• Moving to obtain the specialized healthcare one of your children needs
• Moving to be closer to family who can help you with the kids and enrich your children’s lives in the process

The Court’s Perspective

If you and your ex are unable to come to a mutually acceptable agreement, you’ll need to request a modification from the court. In making its decision on the matter, the court will take all of the following into consideration:

• Whether the move will enhance you and your children’s quality of life
• Your reason for requesting the move
• The validity of your ex’s objections to the move
• Whether a viable visitation schedule can be arranged and implemented
• The time and expense the move will elicit in relation to visitation

It’s Time to Consult with an Experienced Illinois Family Law Attorney

If you are considering a move that will affect your child custody arrangements, the most important first step is consulting with a dedicated Illinois child custody attorney, and the ones at SAM LAW OFFICE, LLC, fit the bill nicely. Our compassionate legal team understands the gravity of your situation and is well prepared to help. To learn more about what we can do for you, please do not wait to contact us today.