Thinking of Moving Out of Chicago with the Kids While Your Divorce is Pending? Here’s What You Need to Know

When a person gets divorced in Chicago, there is no doubt that many aspects of their life may change, and one of those changes may be packing up and moving out of the marital home. While many people who are going through the Chicago divorce process may decide to ultimately remain in-state, some divorcing individuals may find opportunities across state lines, opting to relocate for love, work, or perhaps just a new start and a new adventure. But what happens when children are involved? Can a divorcing parent in Chicago up and leave the state of Illinois with their children during the pendency of a Chicago divorce? To help individuals and couples who are going through the divorce process in Chicago better understand their rights and obligations when it comes to moving out of state with children, we answer those questions here.

Chicago Divorce Laws and Relocating to Another State with Children during Your Chicago Divorce 

Illinois marriage and family laws are very specific when it comes to a divorcing parent moving out of state from Chicago with children who are born out of the marriage and who are subject to the Chicago divorce proceedings. Under 750 1LCS 5/609.2, during the pendency of a Chicago divorce where a child or children are at issue, neither parent may relocate with the child or children out of state. If a parent who is going through the Chicago divorce process wishes to move out of the state of Illinois, they must provide the child or children’s other parent with notice of their intent to relocate, and must also file the notice with the court that is overseeing the dissolution of marriage proceedings. The notice must include certain important information, such as the date of the intended move and the address, if it is already known. In addition, Illinois marriage and divorce laws specify the length of the required notice. If the parent who is not moving out of state agrees with the relocation of the child from Chicago, the court is more likely to grant the request of the parent who wishes to move. However, if the parent who is not relocating does not agree with the requested move, then it may be an uphill battle for the parent who wishes to relocate to actually do so. Every Chicago divorce case involving children is unique, and facts vary from case to case, so it is important to speak with an experienced Chicago divorce lawyer if you are seeking to relocate during the pendency of your Chicago divorce case.

 Legal Help for Parents Facing Child Custody Issues in Chicago

If you are in the Chicago area and you need legal help with a child custody issue, do not hesitate to speak with an experienced Chicago child custody lawyer about your rights and options. The experienced Chicago child custody lawyers at the law firm Arnoux Sharma & Standeford, LLC are here to help Chicago parents with their important child custody issues. Contact Arnoux Sharma & Standeford, LLC and speak to a Chicago lawyer about your case now.

Source:

ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K609.2