04/16/2019
Can I Move My Child Out of State?
GENERALLY: If there has been a court case involving your child, there are special rules about when you can move with your child. If you are the parent with less than the majority of time, you can move the child without asking the court or the other parent. The parent with the majority of time must ask permission to move if you are relocating :
1. 25 miles or more from the child's home if in Cook, DuPage, McHenry, Kane, Lake, or Will Counties; or
2. 50 miles or more away from the original home within any other Illinois county to another location within or outside of Illinois.
If you are relocating with your child subject to an order of the court, you must follow these steps:
A. File a notice of intent to relocate as required by statute, and give a copy to the other parent at least 60 days before your planned relocation.
B. If the other parent agrees and signs your notice, you can file the signed notice with the court and move without a trial. The court will also change your parenting plan/parental responsibilities order to allow the move.
C. If the other parent doesn't agree or doesn't sign the notice, then you must ask the court for permission to relocate as required by statute.
D. After you ask the court for permission to relocate, you must go to a hearing where the court will decide if relocating is in the child's best interests.
Call the Miskell Law Center to discuss your rights in moving with your child.
