Steele Law Offices, LLC

Your hometown attorney for life’s legal matters

Call 618-288-9591
to speak with Randall 

Steele Law Offices, LLC

Your home town attorney for life’s legal matters

Randall P. Steele

Personally investing in each client’s legal
objectives and achieving those goals together.

Personally investing in each client’s legal
objectives and achieving those goals together.

Can you relocate out of state with your child after a divorce?

On Behalf of | Jul 10, 2022 | Family Law |

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.