Are divorced parents allowed to relocate with their children under Illinois family law? That’s a question someone might have never thought about until a new opportunity arises. Perhaps this individual has been offered a job in a different city or state. If the person has remarried, the spouse might make a request to move. Consulting a lawyer with questions may be important, especially if the other parent is likely to be uncooperative.
Custodial Considerations
One consideration is whether the two share physical custody relatively equally or whether one has primary physical custody. A Lake Forest family lawyer may be needed if the move will disrupt a shared custody arrangement. The other parent may protest this plan.
Even if he or she cooperates, the agreement has previously been filed with the court. The new arrangement should also be documented and filed. This is particularly important for the relocating parent, as otherwise, the second individual could contest the move later.
Moving Out of State
Are divorced parents allowed to relocate with their children under Illinois family law?The law does allow someone with primary physical custody to relocate anywhere in the state. There is no need to request permission from the other parent or the court. However, the noncustodial parent must approve an out-of-state move. If that does not happen, a motion must be filed with the court requesting a change.
A Lake Forest family lawyer can answer questions related to relocating with children and crafting a new custody and visitation agreement. Visit the law office of Michael Craven.
