Can You Move Out Of State With Your Kids During a Divorce?

​Hey, what's up everyone? Divorce attorney in Chicago, Bobby Buchanan. This is Illinois divorce TV. Today we are answering the question, can I move out a state with my children during a divorce? So a divorce has been filed and you and your spouse have two children, three, four doesn't matter to answer this question and you are wanting to move out of state with them. Can you do it? Well, you can only do it if you either have the agreement of your spouse or if the court allows you to do it. So if you don't have the agreement, which I assume you don't, if you're asking this question, then you'll need to petition the court. And what you do is you file a petition for relocation of the children and you have to explain to the court in the petition why it's in the best interest of the children to move out of state.

There are a number of factors that the court looks at and factors are kind of, um, reasons or considerations that the court will make. We'll look into different, um, issues such as the opportunities, uh, in the other state versus the opportunities here for the child income earning capability in the new state versus, uh, here, the quality of life in the new state versus here. And the judge will have a hearing on whether or not you can move out of state with your children. If you are going to file this sort of petition, you need to be extremely prepared and be ready to prove things to the court using evidence other than just your testimony. Because oftentimes your testimony is insufficient to prove anything, the way that it needs to be proved in court. So if you are considering moving out of state with your children during the divorce and you do need to get the court to allow you to do it, be prepared to put together a very detailed and comprehensive, um, hearing so that you can convince the court that that's what you should do.

Because if you lose the hearing, then you might be Sol about, uh, regarding, you might be Sol as to whether or not you can leave in the future. Whether or not that's a couple months down the road, uh, you know, a year down the road or multiple years down the road. Once you litigate something in court, it's much harder to litigate it again. So you want to make sure you're doing it correctly. I hope that clarifies things. Let me know in the comments if you have any comments, questions, concerns, I'm happy to continue the conversation down there. Don't forget to hit that subscribe button. So you'll see those videos that we put out every single day on the divorce process in Illinois. And I'll talk to you soon.


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