A major change in circumstances can happen to anyone, and some situations may force you to move to another state for your career. However, you may have additional hurdles to overcome if you are the primary guardian of a child after a divorce.
Both parents receive protection for their rights to parenting time under Illinois family law. For this reason, you must undergo due process before taking your child outside of the reasonable reach of the other parent.
Relocating out of state with your child
As the parent with primary custody over your child, you have the right to move anywhere within the same state as your ex-spouse. Moving out of state, however, requires the approval of the child’s other parent or the court. Neglecting to seek approval or disregarding the decision of your co-parent will likely result in consequences to your child custody rights.
Seeking approval for a relocation
The Illinois statutes on parent relocation outline the process you should follow when attempting to move out of state with your child. You must provide written notice 60 days in advance or at the earliest practical opportunity. If the other parent denies or neglects to respond to your request, you may choose to petition the court with a case that the move is in your child’s best interests.
Making an attempt to relocate out of state can become a huge ordeal if your co-parent feels that their visitation rights are under threat. You can mitigate the chance of an intense conflict by consulting with a mediator to help facilitate modifications to your existing parenting plan.
