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

| Jun 4, 2018 | Child Custody |

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.

View the profile of Illinois Family Law Attorney Alex Fawell
DCBA | DuPAGE County Bar Association Member
Lead Counsel Rated Attorney