Expert Advice When You Need It Most
Posted over 2 years ago. Applies to Illinois, 1 helpful vote, 0 comments
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Ask the court for permissionThe most important thing to know is that you need court permission to move a child out of state, even if you have custody. You will need to file a petition for removal and wait for the judge to make a decision. If a mother was not married to the child's father, and paternity was never established, court permission is not required. However, if the father contests the move, the mother may have to return to the state to deal with the case in court. 2
File a petition where you liveFile your petition for removal in the state where you live rather than the state to which you want to move. If you live in Illinois and want to move to California, file in Illinois. There are exceptions to this general rule. Courts of other states may have jurisdiction in a removal case if the child has lived there for six months or if he or she has significant connections to the state. 3
The best interests of the childThere is no hard and fast rule for moving out of state with a child. Each request is considered on a case-by-case basis. The main focus, like most custody issues, is the best interests of the child. You will need to show that moving to another state will benefit your child. 4
Have a planBe prepared to inform the judge about where you will live, where you will work and where the child will attend school. The judge will also be concerned about the other parent's access to visitation, so make sure to include a plan for reasonable visitation. 5
Agree if you canThe process for getting permission to remove a child from the state can take awhile. However, if you and the other parent agree to the move, you may be able to get permission more quickly. A judge will have an easier time making a decision where both parties agree to the move and agree on a visitation schedule. Additional ResourcesIf you need permission to move with your child out of the state of Illinois, or if you want to contest a custodial parent's request to move with your child, we can help. We will listen to you unique situation and figure out the best attorney for you. We don't take child custody matters lightly. We understand how important this issue is to you and your family. We know attorneys across the state of Illinois who handle child custody cases regularly and have a track record of success. Give us a call and we'll point you in the right direction. Related Questions2 Attorney answers: 
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