Illinois Custody Laws Moving Out State

Previously, a “primary residential parent” could move anywhere in Illinois without restriction. This unlimited capacity has wreaked havoc on many parental plans and custody orders. However, removing a child from Illinois required a lot of legal effort — even just a few miles. Injustice and contradictions were everywhere: a parent could take children from Rock Island to Cairo (more than 400 miles and a six-hour drive away) without prior court approval, but had to seek permission from a judge to move a block across Shirland Avenue from South Beloit, Illinois, to Beloit, Wisconsin. There had to be a better way. A parent who wishes to move with the child more than 25 miles away (if they live in one of the collar counties mentioned above) or more than 50 miles away (or to another state and more than 25 miles away) if they do not live in one of those counties must notify the other parent in writing for at least 60 days. If a notice period of 60 days is not possible, the termination must be made as soon as possible. Today, parents with majority or equal parental leave can move away over relatively short distances – even outside the state – and that`s okay. However, if they move beyond a certain distance, they must follow the resettlement rules set out in the law. Thus, the order can already allow you to remove a certain distance from the other parent. If so, it would maintain the 50/50 custody/timeshare agreement you originally entered into. If Illinois custodial parents want to leave the state with their children, they must seek permission from the court of their child`s non-custodial parent.

If a custodial parent wishes to leave the State with his or her minor children, he or she must be approved either by the court or by the non-custodial parent of the child. The easiest way to leave the state is for the non-custodial parent to approve the move. The court will consider a number of factors when deciding whether or not to approve a relocation application. Under state law, these factors are as follows: even if the custodial parents initially agree to allow a state move, they can then change their minds. Therefore, it may be important to register the agreement in writing and have it notarized. It should also include any changes to the existing visit agreement. This can help ensure that both parents are protected in the event that a disagreement arises later about the move or visiting arrangements. However, if you live in a county that follows the 50-mile limit, this also applies if you are moving “uphill” to Cook or one of the collar counties. A parent who lives just outside the boundaries of Collar County (e.B. Oswego) could move to the heart of downtown Chicago while staying within the 50-mile limit. Perhaps the easiest way for custodial parents to get permission to leave the state is to seek permission from their child`s non-custodial parent. If both parents agree to move, they can usually avoid legal action to resolve the issue.

Often, parents come to this type of agreement by talking to each other. This type of authorization can also be obtained if the custodial parent sends a notice to the non-custodial parent and to the court. Illinois law provides that the non-custodial parent has 21 days to contest the move, which can be allowed if there are no objections. Thus, any step can trigger a change in parental time away from a 50/50 custody or parenting order, “if the court judges it by a preponderance of evidence. a substantial change in the circumstances of the child or a parent, and such a change is necessary to serve the best interests of the child. 750 ILCS 5/610.5 (b) Failure to obtain permission before moving can cause serious problems for Illinois parents. Therefore, parents who plan to leave the state may benefit from working with a lawyer. A legal representative can help them understand their rights and guide them through the process of obtaining the necessary authorization or approval. A job change, new job opportunities, a desire to be closer to family or friends, and a number of other reasons can cause people to move away from Chicago or Illinois.

This is especially true after a divorce. However, for custodial parents, moving may not be as easy as packing boxes and loading a moving van. In order for custodial parents to leave the state, they may need permission from their child`s other parent or the court. If a parent has three or four days a week and has a lot of time with the child, then it is a very difficult situation to convince the court to abduct him. If one of the parents is very active in the child`s life and visits the child, the court cannot approve the move – especially if you go far enough, where equal participation would be difficult for the other parent. If you live on a highway and the other parent too. 50 miles is just over half an hour. It`s not that bad if you transfer the kids once a week.

If you leave the state and the other parent files a parent`s case in Illinois within 6 months, you`ll likely need to come to Illinois to participate in the case. You may even need to return your child to Illinois. Whether you want to move with or without your children, it`s important to know your legal rights. Call Manassa Law P.C. at (866) 390-0672 or fill out our confidential contact form for a free consultation with one of our experienced and compassionate lawyers in Bharrington. We are proud to serve our clients in our Crystal Lake and Barrington offices. Call today! Under Illinois law (750 ILCS 5/609.2), a parent who has been allocated the majority of parental time or the same parental time may attempt to leave the state with their child. However, before they are allowed to do so, they must inform the other parent in writing of their planned move. In the state of Illinois, it was quite easy to move with your child. You only needed the consent or approval of the other parent`s court if you leave the state of Illinois or make an out-of-state referral. However, if you didn`t leave the state, you had the power to move wherever you wanted.

Laws have since changed to say that you are not allowed to move more than 25 miles for densely populated counties and 50 miles for smaller populated counties without the consent of the other party. Keep in mind, however, that if you want to leave the state — even if it`s only a few miles across the border — you`ll still need to get a permit. Therefore, out-of-state movements still invoke the requirement, but there is now also a mileage radius, as opposed to outside the state. Moving vs. “Simple moving”: I use the term “just move” to describe situations where Illinois moving law doesn`t apply. Other rules may apply, but these are set out in your parenting plan or court orders. not in the law. To be clear, lawyers and judges use the term “relocation” to describe only situations where relocation rules are triggered and a parent must take certain steps in court before moving. If you are considering leaving the state, it is important to know how this move could affect your existing parenting arrangement.

Without a Barrington on-call lawyer by your side, you may find that your parenting time has changed significantly. Currently, Illinois law allows a parent with primary custody of a child to move anywhere in the state without the consent of the other parent or the court. Only a move outside the state requires the permission of the other parent or the court. If the other parent contests the move, the court may authorize the move if it is determined that it is in the best interests of the child. So, effectively, moving means changing your parental consent. This means that your 50/50 custodial/parenting time is at risk of being changed. The new law promises to have a major impact on family law issues in the state as it addresses important concerns related to divorce, custody proceedings and other issues. It will also redefine parental relocation related to custody arrangements and update current law that only imposes restrictions on the removal of a child from Illinois. Up/down: The 25-mile limit for Cook and Collar counties takes into account travel delays caused by traffic congestion. But the 25- or 50-mile limit is determined by the county you`re moving from, not the county you`re moving to.

If you live in one of the collar counties, the rules are triggered by a move of more than 25 miles. even if you are moving “downhill” in a county that follows the 50-mile limit. The simplest answer to “How far can you travel while maintaining a 50/50 custody and time-sharing agreement” is that it depends on your distribution of parental leave and parental responsibility. This is also known as a “parenting plan” in this article, we explain how a parent moves with a child in custody cases in Illinois. .