Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois

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Can you leave Illinois with the kids for a post-divorce vacation?

Making the most of your time with your children is always important, but especially so after a divorce or breakup changes your family. Now that you have a shared custody arrangement with your ex, you will have less time with the children overall, which makes it that much more important to use the time you have meaningfully.

Vacations and family trips present plenty of opportunities for bonding and new memories. Do you have to limit your travel to within Illinois, or could you leave the state with your children despite sharing custody?

You may need permission to travel

The parenting plan or custody order you create dictates what you can do with your children during your parenting time. You may have already agreed with your ex to allow interstate travel. Standard custody orders tend to require permission from the other parent or the courts if you want to leave Illinois or the United States on a trip.

If your ex agrees to the trip, then planning a vacation with the children won’t be that difficult. If they do not agree, then you may have to go back to the Illinois family courts to ask for a modification that permits this particular trip.

You will typically need to get permission well before you intend to travel to avoid frustration and last-minute cancellations. Talking with your ex about your plans before you talk with your children or book a flight for the family is probably a wise decision. Direct communication can help limit how much disagreement there is about your travel plans and help your ex feel more comfortable with your upcoming travels.

Reviewing your parenting plan can be a good start if you share child custody and want to take an exciting trip with your children this summer.

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