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Removal Out of State

On Behalf of | Jan 26, 2020 | Removal

Removal and Children.jpg

Are you divorced or sharing custody and you want to move out of state with your kids? You may need a Judge to allow Removal or what we now call Relocation.

If you live in the greater Chicago Metropolitan Area in Cook, DuPage, Will, Kane, Lake or Will County, Illinois, you can move more than 25 miles away from your kids’ current primary residence without involving the courts in Removal as long as you can follow the current parenting schedule.

If you live outside those Illinois counties, you can move even further, 50 miles away from your current residence.

What if you want to move further than 25 or 50 miles away from where the kids live now?

Here is what you need to know.

1. If both of you are loving parents and actively involved in your kids’ lives, a move away will greatly affect the other parent’s relationship with their children. A Judge has to determine if such a move is in your kids’ best interests. A Judge has to decide if such a move will improve their quality of life and how best to protect their relationship with the parent who is not moving.

2. You may need to show that you have better employment opportunities in the new location. 

3. You will need to show that there are better or comparable educational, extracurricular and cultural opportunities for your kids in the new place.

4. It will help if there is extended family in the new location. Maybe your kids will have more interaction with their grandparents or cousins in the new place. Maybe they are isolated from their extended family where they are living now.

5. If your kids are of a certain age, the Judge may actually talk to them or have an attorney appointed for them to determine what they prefer which can mean a great deal.

These are just a few factors the Courts consider when you ask to move away with your kids. We at Gabrielle S. Davis, PC will be happy to assist you in this complicated process.

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