If my spouse and I get a divorce and I am granted custody of my children, is it likely I will be able to move them out of state?

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If my spouse and I get a divorce and I am granted custody of my children, is it likely I will be able to move them out of state?

Asked on October 24, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You live in the state of Illinois.  That state has a specific statute that addresses the issue of moving out of state with a minor child.  750 ILCS 5/609(a), states that a party seeking to remove the minor child (children) or move out of state permanently, must ask for leave of court to remove the child. Further, the burden is on the party seeking to move or remove the child (children)and the court will look at the best interests of the child (children) in making such a determination.

A parent must file a petition to seek Out of State Removal or leave to move out of state with the minor child or children. Each petition will be reviewed by the court on a case by case analysis. There are numerous factors the court must consider in determining whether removal or moving of state is appropriate. The factors may or may not be given the same amount of weight by the judge and will depend on the particular facts of a case.

Your reasons for moving and your spouse's reasons for your not moving will both be weighed by the court.  I would strongly suggest that you speak with an attorney.  Your spouse can also consent in the custody agreement.  Good luck.


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