Can I Move The Children Out Of State?

Author: Joe Pioletti Posted on: . Filed in: Divorce.

Do you want to move your children out of state? Regardless of whether you are divorced or you never married the father, permanently moving your children out of state may result in a parental abduction charge if you do not have court permission for the move. Before you move your children out of state, you need to contact the experienced custody attorneys of Pioletti & Pioletti to discuss the legal issues of moving children out of state. All relocation cases examine what is in the best interest of the children and how the children will maintain a relationship with both parents.

Moving Children Out of State

Because we cannot plan for every event that life throws at us, parents may need to relocate once or more while their children are still minors. A parent may need to relocate for a new job, to obtain specialized medical care, military service, to take care of elderly parents or family members or to obtain additional education and career training. Whatever the reason may be for the move, the move will have an effect on the custody and visitation arrangements.

Moving children out of state often leads to litigation, as the relocating parent is adamant that the move is in the best interest of the children while the non-moving parent feels as if the children are being “stolen” away. Under Illinois custody laws, the relocating parent has the burden of proving to the court that moving the children out of state is in the best interest of all parties.

Factors Used in Deciding Whether to Move Children Out of State

Courts in Illinois use the following factors to determine whether parental relocation should be allowed:

  • Will the move to another state enhance the quality of life of the parent and the children?
  • What are the motives of the parent seeking to move the children out of state?
  • What are the motives of the non-custodial parent in opposing the move?
  • What is the visitation history of the non-custodial parent?
  • Can there be a realistic and reasonable visitation schedule should the move out of state be allowed?

Other considerations the court may use to determine if the move is in the best interest of the children include but are not limited to the quality of housing, schools, neighborhoods and activities available in the new location compared to the current location.

Of course, one of the most important issues to consider is whether the parents can develop a plan to maintain a strong parent-child relationship between the child and the non-custodial parent. Moving children out of state is a very emotional and difficult decision; however, there are times when it will be necessary. It is important that you have a lawyer who has handled child relocation cases on your side to protect your rights and the rights of your children.

Contact Our Office for a Consultation with an Experienced Illinois Custody Attorney

The attorneys of Pioletti & Pioletti represent individuals who need experienced child custody attorneys. Serving clients throughout McLean, Woodford, Tazewell and Peoria counties by providing compassionate, competent legal services. We offer free consultations. You can contact our office by calling 309-938-4838.

When you need the assistance of an experienced family court attorney in Central Illinois, call the compassionate and skilled attorneys of Pioletti & Pioletti. We are dedicated to giving our clients exceptional service and support.

Joe Pioletti

Joe Pioletti

Attorney Joe C. Pioletti was born and raised in Eureka, IL.Joe received his Bachelor of Arts Degree in Business Management from Eureka College where he also minored in Spanish.Joe then received his Juris Doctor from Southern Illinois University School of Law.While in law school Joe worked in the Domestic Violence Advocacy Clinic and was a three-time recipient of the Charter Class Campaign for Academic Excellence Scholarship.
Joe Pioletti