Lockport, IL asked in Family Law for Illinois

Q: Can mother with sole custody residing in separate state from the father,180 miles away, move to a state further away?

Mother in IL, Father in WI, move to AZ. The child is 7 and sees his father every other weekend. The father has never lived near the child and is several years delinquent in child support.

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1 Lawyer Answer
Raiford Dalton Palmer
Raiford Dalton Palmer
  • Naperville, IL
  • Licensed in Illinois

A: This depends largely on the terms of your divorce or parentage judgment. The parenting judgment should state who has parental responsibilities (custody) and how parenting time (visitation) is handled. It should also contain terms about relocation - moving the child over 25 miles from their location when the judgment was entered. If no terms are in the judgment, the law set forth in 750 ILCS 5/609.2 will govern relocation of the child. Generally speaking, if the other parent has left the state, it should be easier for you to relocate with the child.

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