Legal Question in Family Law in Illinois

Re: moving out of state

As a general rule you cannot stop anyone from moving to a different state.... this is what freedom is all about. However, when children are involved, it is not uncommon to write the co-parenting agreement (if this is what you have in place) in such a way that some restriction is posed on the parents. If you do not have a co-parenting agreement, then this restriction might be still present in the Judgment of Divorce. So, please look over your divorce papers, the judgment and the parenting agreement and ascertain that there is not such a provision already in place. The other option that you have is to petition the Court to avoid removal of the child from the State. The Court may very well revisit the Judgment to include this limitation. In addition, you may want to have custody of the child switched over to you, even though this road is definitely the most difficult one. Good luck.