Can I Move Out of State?

If you want to move with your child, you may be able to do so but as in most family law issues, it depends on the circumstances surrounding your case. In order to relocate, you need either a court order allowing relocation or written consent from the other parent. First understand, it’s not even about moving out of state, but specifically the requested location of the move.  This applies for Cook County and the collar counties, if the distance is over 25  and otherwise if the move is 50 miles or more. If your co-parent will not give written consent, the court will have to decide and it will be the burden of the parent attempting to move to prove that it is in the child’s best interest. 

The following factors will be evaluated based upon the best interest of the child: (1) the circumstances and reasons for the intended; (2) the reasons, if any, why a parent is objecting to the intended relocation;(3) the history and quality of each parent's relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment; (4) the educational opportunities for the child at the existing location and at the proposed new location; (5) the presence or absence of extended family at the existing location and at the proposed new location; (6) the anticipated impact of the relocation on the child; (7) whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs; (8) the wishes of the child; (9) possible arrangements for the exercise of parental responsibilities; (10) minimization of the impairment to a parent-child relationship caused by a parent's relocation; and (11) any other relevant factors bearing on the child's best interests.

Relocation cases can be highly emotional and challenging. The Law Office of Erin M. Wilson LLC has experience in relocation cases.  We first try to resolve these cases with skilled  negotiation, or will litigate the matter when necessary. Whether you wish to relocate or do not want your child to move, we are here to help you.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.