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Ryan Family Law, P.C.
Elgin, Illinois
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Relocating with a child after a split

A divorce can cause many changes for parents in Illinois. One of them is the possibility of relocating to a different state with their children. While it may seem like parents should always have the right to move, there are legal considerations they must explore when making this decision after a divorce.

Why are you moving?

The reason for the move is very important to the court when it decides if it will allow a custodial parent to move out of state with his or her child. Courts look at good and bad faith reasons before deciding if it will allow the move. These reasons can include moving:

  • For better job opportunities
  • For a better cost of living
  • To be closer to family members who can help with child care
  • To continue studying
  • To be far away from an ex-spouse

How are objections handled?

A noncustodial parent may object to a move for a variety of reasons as well. A court may decide to allow the relocation if the other parent was mostly absent in his or her child’s life or did not exercise or comply with the custody and visitation schedule.

Other considerations

Relocating with a child, even within the same state, can involve other considerations. These include:

  • The distance of the move and how it will impact the child’s life
  • The original custody agreement including a clause that allows relocation
  • The best interests of the child

Parents will also have to figure out who will pay for the additional costs. In some situations, the parent who chooses to move is responsible for the majority of these costs. In other cases, the parents split the expenses.

Since child custody laws differ from state to state, divorced parents who are considering moving may find it beneficial to seek guidance from a family law lawyer. An attorney may explain the options available to the parent and how to proceed.

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