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In the state of IL, can the custodial parent move to another county, while staying in state?

Wheaton, IL |

I live in DuPage County. I am the custodial, residential parent. My child's father also lives in DuPage County. My new husband just got a job in NW IN, but I only want to move to Cook or Will County. I know my ex husband, father of my child, would never agree to allow me to move to NW IN, even though it's considered a Chicago suburb to many, so I would just like to move as close to IN as I can while staying in IL.

Attorney Answers 4

  1. unless there is a restriction in your parenting agreement, you may live anywhere in illinois you wish with your child. the parenting time will have to be adjusted. you may have to do the driving.

    consult with a divorce atty. in dupage county.

    in re the marriage of means is the case.

  2. In a case like yours, the kicker is the visitation.
    Even though you can move anywhere in Illinois without prior court approval, the problem is that you will have to insure that he still gets his visitation.
    If you are willing to provide transportation in connection with visitation, then there should be no reason he can prevent you unless he has been involved with extra curricular and school activities.
    If your husband's job provides significantly more income to improve your standard of living, then you should be able to overcome a lot of the father's arguments.

  3. You may move anywhere within the boundaries of the State of Illinois. Your visitation schedule might need modification but you can certainly move. There are many wonderful communities in the South Cook-Will County area. You will be fine.

  4. Couldn't have said it better myself, Gary.

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