What to Do When You Want to Move with Your Child

Illinois custody attorneyLife rarely keeps us in one place forever. You might be offered a new job opportunity, get accepted to your dream school, meet a new partner, or face financial and personal conditions that make moving away not just an option, but the ideal course of action for you. Before you had children, decisions like this were easy to make. With children, they are far more challenging. And when you have a parenting plan for your child, moving can require court approval.

Not all proposed moves require court approval. A parent can move across town or within a small radius without getting permission from his or her former partner or the court. It is only when a proposed move is far enough that it would require altering an existing parenting plan that the parent cannot simply pack up and go.

Determine How Far You Can Move without Permission

In Illinois, where a parent currently resides determines how far they can move without his or her former partner’s consent or court approval. For parents in Cook, DuPage, Kane, McHenry, Lake, and Will counties, this limit is 25 miles from their current residence. For parents in all other Illinois counties, the limit if 50 miles. These limits apply to inter and intrastate moves, except for when a move is both out of Illinois and at least 25 miles from the child’s current residence.

Get Your Former Partner’s Consent to the Move

If you plan to move beyond your geographical limit and your former partner agrees to the move, all you have to do is both sign an order to modify your current parenting plan and submit your changed plan to the court.

If Your Former Partner Does Not Consent, You Need Court Approval

When a former partner does not agree to a proposed move, the parent seeking the move must obtain court approval to alter the existing parenting plan. Like any other proposed change to a parenting plan, the court must determine that the changes are in the child’s best interest in order to approve them.

Why you want to move away from your current location is a significant factor in the court’s decision. Courts do not alter existing parenting plans lightly, especially when a change would substantially impact the child’s relationship with the parent who is not seeking the move. Other factors the court may consider include how the move would impact the child’s relationship with extended family, how it would impact the child’s academic progress and personal needs, and how the child feels about the move.

Speak with an Experienced Naperville Family Lawyer

When you are facing a legal dilemma, such as obtaining court permission to move with your child, be sure to work with an experienced family lawyer who can act as your advocate. Contact our team of experienced Kane County family lawyers at Shaw Family Law, P.C. today to schedule your initial consultation with us and learn more about your rights and legal options. Call us at 630-584-5550 today for help.




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