Can My Ex-Spouse and Kids Move Out of the Area?

ex spouse and kids move out of area

The topic of relocating after a divorce is a complex issue that often arises when children are involved. While many people may think that they can just up and move with their children, the reality is that it’s not that simple. The rules and regulations surrounding relocation are designed to protect the best interests of the child and ensure that both parents have continued access to their children.

In most cases, if there is no divorce or custody case pending, then someone can move with their child without the court’s involvement or permission. However, if a case is pending, such as a custody or divorce case, then the court’s permission is required to move more than 25 miles from your residence. Additionally, a parenting agreement will often be put in place as part of a divorce or custody decree that outlines a specific distance a parent can move without the other parent’s consent. In most urban areas, this is 25 miles, while in rural areas, it’s 50 miles.  Even if a courts or parent’s permission may not be required if a case is not filed, it is still a good idea to get their permission in advance.  A court can order someone to return to Illinois after they have relocated.

If a parent needs to move beyond the distance outlined in the parenting agreement, they must first seek the other parent’s written consent. If the other parent objects or does not agree in writing to the move, a petition must be filed with the court, which can take several months to resolve. It’s important to note that the standard for relocating with a child is high in order to obtain the court’s permission to move.

In cases where a parent moves without consent or the required court order, it’s possible for the court to order the child to return to their previous residence. If the parent does not comply with the order, kidnapping charges may be filed by the State of Illinois.

Ultimately, the bottom line is that relocation after a divorce is a complex issue that requires careful consideration and legal guidance. Both parents should be aware of the rules and regulations surrounding relocation and work together to ensure the best interests of their child are protected. Seeking legal counsel can help to navigate this difficult and often emotional issue.

Talk to an Experienced Chicago Family Law Attorney today

The Law Offices of Patrick Markey are experienced attorneys in matters of child custody and relocation. To schedule an appointment call 312-223-1763.