Can I Move Out-of-State?

Just a few years ago, the option of moving out-of-State was unlikely at best.  However, recent cases have been decided by Illinois appellate courts that open the door, at least a little bit wider than before.  Therefore, moving the children is more likely to be permitted now, as opposed to then.  However, should you decide to move out of State, you will either need the other parent's permission, or you can petition the Court for the approval (without the other's parent's permission).


If you do not have children, or you are not the residential parent, then you can move out-of-State without approval or court intervention.  Visitation may have to be adjusted, but if you are moving without children in tow, you can move.


If you decide to attempt a move with children, this case is called a removal case.  Lawyers love when you say I want to start a removal case; because they will make a lot of money from you.  Retainers are steep in these types of cases due to the large scale legal work behind the scenes, lots of court activity, and count on a long trial.  If you are contemplating this type of case, ensure that you read recent cases on the subject, or talk to a lawyer about it first.


The number one issue in a removal case, believe it or not, is whether or not you can afford such case.  Many attorneys will charge you $75,000 or more for such a case.  I would strongly suggest that you contact a lawyer and see if that lawyer will accept your case on a payment plan.  If you do not, you may be in the middle of your case without a lawyer (see lawyer's secrets about how easy it is for a lawyer to drop your case (in the middle of it)).



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