Why Do I Need Court Approval Before Relocating with My Child?

couple packing boxes

After your divorce, you may need to relocate for a variety of reasons. But even if your reasons are valid, you still need permission from the Illinois court before packing up and leaving with your child. Follow along to find out why you need court approval before relocating with your child after your divorce and how a proficient Peoria divorce lawyer or Pekin divorce lawyer of Butler, Giraudo & Meister, P.C., can help you with this request.

Why do I need permission before relocating my child from Peoria County?

If you wish to move out of state with your child, you require the court’s permission to do so. This is because moving such a great distance away can, for example, prevent your former spouse from seeing your child as often as your child custody agreement permits.

Needing permission is especially dependent on what type of custody you have of your child, which may be any one of the following:

  • Physical custody: you are the custodial parent and your child lives with you for the majority of the time.
  • Legal custody: you have the right to be involved in making important decisions regarding your child, such as their medical treatment, education, religious practices, etc.
  • Sole custody: your former spouse was deemed to be parentally unfit and they do not have physical or legal custody of your child.

So, put simply, if you share joint custody of your child with your former spouse, then you will need permission to relocate. However, if you have sole custody of your child, you may not necessarily need permission. In the end, this is a rare occurrence, as the court believes that a child usually benefits from having a relationship with both parents, so long as neither is deemed parentally unfit.

What factors will decide whether I can relocate my child from Pekin County?

First, you will need to ask your former spouse for consent to relocate with your child. If they contest your request, then you will need to take this to court. The court will look at the following factors during its decision-making process:

  • The reason why you wish to relocate.
  • The reason why your former spouse disapproved of your relocation.
  • The relationship your child has with both you and your former spouse.
  • Whether your relocation will improve your child’s educational, social, and economic opportunities.
  • Whether your relocation will allow your child to be in closer proximity to their extended family members.
  • Whether your relocation will be to a place that is safer to raise your child.
  • Whether your relocation is to remove your child from your dangerous former spouse.
  • Your child’s preference, if they are of a mature age.

For more information, retain a talented Tazewell County child relocation lawyer today.

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Contact Butler, Giraudo & Meister, P.C., today for effective and compassionate legal counsel for the following legal matters: divorce, alimony, division of marital assets, child custody, and child support.

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