can i move my child out of state if there are no legal arrangements for custody? So be sure to obtain the court’s approval. Presently, under Illinois law, a parent with primary physical custody of a child is permitted to move anywhere in the state without the approval of the other parent or the court. But there are rules parents should keep in mind before moving. The move may be good for you and it may improve your child's quality of life, but doing it without the other party's consent and the express permission of a judge can endanger your right to custody. Illinois Child Relocation and the Trend Against Relocating Out-of-State. A recent Illinois child relocation case out of the Third District Appellate Court sets a trend for not allowing a parent to relocate to another state from Illinois. Child custody relocation isn't uncommon following a divorce or separation. If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. In this case, a parent has 100% parental leave with the child. Can I move out of state with my child, no custody agreement and never been married, if the father was abusive to me? Parents who live in different states require a long distance visitation schedule. Typically, a parent can't move a child to another county or state without prior approval from the court that issued the original custody order. Relocating without the court’s consent, if your custody agreement flat out prohibits it, can lead to a kidnapping charge. Mothers of children born out of wedlock when there is no custody or education warrant do not require the father`s permission or a court order to withdraw from the state. Only an out-of-state move requires permission from the other parent or the court. The father of my son and soon to be 2nd child has abused me numerous times in front of our son. If you are considering a Petition to Relocate (or want to contest it), a reading of the following four cases is a must. It is legal to do that. The IMDMA provides indicates when a parent seeking to move with a child must seek court approval, and when this approval is not required. Out-of-State Custody & Visitation: 6 Schedule Ideas. In making its decision as to whether or not to allow a spouse to relocate to another state with children, the courts will look at a number of factors. Under the law prior to 2016, a parent who had been granted “custody” of the child could not move outside the state, but could move anywhere within the state without seeking permission from the court. In this case, the sole administrator may leave the state with the child. Even when you're facing tough economic times and feel you literally have no other choice, be sure to weigh the following considerations before you relocate with your kids: (h) If a parent moves with the child 25 miles or less from the child's current primary residence to a new primary residence outside Illinois, Illinois continues to be the home state of the child under subsection (c) of Section 202 of the Uniform Child-Custody Jurisdiction and Enforcement Act. You know best if you need to get away to stay safe. my child is 10 years old and has always lived with me full-time but does have some visits with his father. Illinois law regarding relocating with a child is governed by Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Sometimes women need to leave, and take their children with them, so they can be safe. 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