- Firm Overview
- Practice Areas
- Family Law Victories
- Personal Injury Victories
- Info Center
One of the hardest parts of divorce is not being able to spend as much time with your child. The situation becomes even more difficult when your former spouse tells you they plan to move out of state and they want to take your child with them. After you receive this notice, you may think there is nothing you can do. Fortunately, that is not true. There are steps you can take that can help keep your children with you.
If your former spouse makes the decision that they want to move out of state with your child, they must first notify you of the move. The notice they give you must state the date they intend to move, the address of their new home, and how long they intend to remain in the new location. They must deliver the notice to you at least 60 days before they move unless they have a court order that specifies different instructions.
You can sign the notice if you approve of the move and your former spouse will then file the notice with the court. Of course, you do not have to consent to the move. If your spouse moves out of state with the child without your consent, or without sending you notice, it is considered parental kidnapping or child abduction.
When you object to your former spouse moving out of state with your child, your ex has two options. They can either agree not to move out of state with the child, or they can petition the court to overrule you and allow the move. If your ex petitions the court and asks them to allow the move, you and your former spouse must attend a court hearing. During the hearing, a family law judge will take many factors into consideration and then deliver their decision.
Like when making child custody decisions, the judge will take many factors into consideration. All of the factors are guided by what is in the best interests of the child. For example, if your former spouse wants to move just for a change of scenery, a judge may not allow the move because it would remove the child from one of their parents without good cause. However, if your ex wants to move for a better-paying job that would allow them to better care for the child, the judge may consider the move in the best interests of the child.
If your former spouse wants to move out of state with your child, or they already have, and you do not consent, our skilled DuPage County family lawyers can help. At the Law Office of Martoccio & Martoccio, we know the requirements parents must abide by when they want to move, and we know how to challenge the move so you do not lose out on time with your child. Call us today at 630-920-8855 or contact us online to schedule a free consultation so we can discuss your case.