Call Today for a Free Consultation: 630-480-6253

Defending What Matters Most

Related Topics

Can you relocate if you do not have custody of your child?

Dealing with a divorce is a tough situation. If you have children, then it is even more difficult. Either you or the other parent will likely move out of your family home before the divorce is final and custody has been decided. If you wish you to move and you are the one the children have been with, you could face issues. This is especially true if you decide you want to move out of Illinois.

The law actually addresses this issue specifically once custody is decided. According to the DuPage County Bar Association, any move more than 25 miles from the location of the family home is considered an issue for the family court. However, if you do not have a custody decree, it can muddy the waters.

You will probably need to discuss this move with the court and get a ruling. The court, however, has no real law to guide it in what to do. There are a couple options in how this can be handled.

The court may rule on the relocation and the custody at one time. However, this option brings up issues, especially if the relocation petition is denied. You would then have to decide if you are still going to move without the children. This will impact parenting time and possibly custody. That leaves the other option of addressing the move first before custody. This way issues are avoided, and after that ruling, custody and parenting time can be decided more easily. This information is for education and not legal advice.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us As Soon As Possible

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Location:

Fawell & Fawell
2100 Manchester Road
Building B Suite 1075
Wheaton, IL 60187

Phone: 630-480-6253
Fax: 630-871-2404
Wheaton Law Office Map

Firm Number: