After a family law case is resolved, you may still be limited in the decisions you can make for your child. One common issue is looking to move with your child. In many cases you will need the permission of the court before you can move with your child, even if you have been allocated most of the parental responsibilities.
When You Need the Court’s Permission
The key factor in determining whether or not you need the court’s permission to move your child’s residence is distance. If you live in Cook, DuPage, Kane, Lake, McHenry, or Will County you do not need permission for any move less than 25 miles away.
If you live in any other county you can move up to 50 miles inside of Illinois and 25 miles outside of Illinois without seeking permission from the court.
How the Court Decides
Like all decisions involving children, the court will make a decision that is in the best interest of the child. One of the most important goals of the court is to allow children to have healthy relationships with both parents. A court may be reluctant to approve a move that significantly disrupts the parenting time of the other parent. Moreover, a small increase in pay or a minor promotion are unlikely to be enough for the court to approve a move that will lessen the time the child gets to spend with his other parent.
Couples are encouraged to work together to find solutions to parenting time issues. If a court will not approve, other options will have to be considered. The child could move in with the other parent while you move to pursue new opportunities. You could have regular parenting time as often as possible and use technologies like webcams, Skype, and cell phones to have virtual parenting time.
You may explore telecommuting opportunities or a flexible work schedule where you commute long distance to the new job and work longer hours for fewer days a week. Some jobs may allow you to work four 10-hour shifts or even three 13 and one-third-hour shifts, giving you more days off. This could allow your child to maintain the stability of his or her school, friends, and parenting time while allowing you the chance to improve your financial situation.
If you have questions concerning moving with your child, and would like to learn more about your options, please speak with an experienced DuPage County family law lawyer right away. Call Sullivan Taylor & Gumina, P.C. today at 630-665-7676 to schedule your consultation.