Anderson & Boback Logo

What You Need to Know Before You Remove Your Child from Illinois

Categorized as Child Relocation

When a parent seeks “Removal,” they are seeking to take the minor child from the State of Illinois on a permanent basis. This does not include time for temporary visits out of the state, such as vacations.

A parent must first ask the court’s permission, before removing the child from Illinois. The court will allow removal if the court finds that the move is in the best interest of the child.

We are commonly asked if the other parent needs to be notified about the move, and when should they be notified. The answer is of course you must tell the other parent, and the sooner the better. The court does not like to decide this issue quickly, and the process can often take many months, so the sooner you notify the other parent, the better off you will be. If there is no agreement to move out of state, then you have to go to court and ask the court’s permission. Taking the child out of state without permission can lead to a change of custody, so make sure that you consult with us before you move. When you start thinking about a permanent removal, you will want to gather information about the child’s school, where you will live, and why you are moving. Moving to keep the other parent from visiting is met with resistance by the court. You have to be able to demonstrate that this move is not designed to keep the other parent from the child, but that you are moving to enhance the child’s life in some way. You will need to think about expanding the non-custodial parent’s parenting time as well. It is not uncommon for the court to allow the other parent a large part of the child’s breaks from school, as well as require you to pay for the child’s transportation costs back to Illinois.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870