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Blocking Your Ex From Moving Out of State With Your Child

 Posted on November 04, 2016 in Child Custody

DuPage County family law attorneysFamily courts in Illinois prefer to see both parents cooperating to raise their child following a divorce, separation or breakup. Regardless of the issues between the adults, the child’s needs should always come first. In most cases, however, shared parenting responsibilities do not usually translate into equal parenting time. One parent is typically designated to have primary residential responsibilities, providing a primary physical address for the child to be used for school enrollment and other considerations. If your child lives with your ex more than half of the time, you may be wondering about your rights if your ex decides he or she wants to move out of Illinois.

New Laws Regarding Child Removal

For many years, if a parent subject to a child custody agreement wanted to move out of Illinois, he or she was required to get the permission of the court. Moving a child out of state was referred to as the removal of the child. Last year’s sweeping changes to the Illinois Marriage and Dissolution of Marriage Act, however, eliminated the term “removal”—and “child custody,” incidentally—and created the new legal concept of relocation.

According to the amended law, a relocation requires the approval of the court and is defined as a move by the primary residential parent with his or her child of:

  • More than 25 miles to a new home in Illinois from an existing home in Cook, DuPage, Kane, Lake, McHenry, or Will County;
  • More than 50 miles to a new home in Illinois from an existing home in any other Illinois county; or
  • More than 25 miles to new home outside of Illinois from an existing home in any Illinois county.

Your Rights

When your child’s other parent has approached you and asked you to consent to his or her relocation, you have the right to object if you believe the move would damage your relationship with your child. It is important to base your objection on facts, not just your feelings regarding your ex. If you refuse to allow the move, the other parent can ask the court to override your objections.

The court will then consider all of the relevant circumstances of the intended move, including why your ex wants to relocate, the educational and employment opportunities at each location, the child’s extended family in each location, and your motives for objecting the move. The court will also take into account your ex’s willingness and ability to foster your continued relationship with your child.

We Can Help

If your child’s other parent is looking to move out of state with your child, contact an experienced Lombard family law attorney. Call 630-426-0196 for a confidential consultation at A. Traub & Associates today.



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