Legal Question in Family Law in Illinois

If you were divorced in Illinois, unless you have a court order allowing you to leave the state with the children, you are prohibited by law from leaving the state with your kids. You must file a motion seeking judicial permission to remove yourself and the children from Illinois. It is not a simple proceeding. You should consult with an attorney familiar with this area of law, as removal cases may be complex. If your former husband agreed (in writing) he may be stuck with that agreement, but if it was oral, it is worth the paper it was written on.

You need to file a Petition for Removal. Like Mr. Shimberg stated, it is a complex process, with the court looking at whether the move is in the best interest of the child. Having several of this cases currently, I can assure you that the court will look at such things as future income potential at new residence, involvement now by the dad, proposes visitation schedule after the move, and so on. Let me know if you have any other questions.