Can I move out of state with my child if I have sole custody?

In the state of Illinois, the answer to this question is complicated. Generally, it is not permissible to move out of state with your child if you have sole custody unless you have the approval of the other parent or a judge. This is because when a court grants sole custody, the court is making a determination that it is in the child’s best interest to remain in the state of Illinois. If one parent wishes to relocate to another state, the parent must file a petition with the court requesting to have the court grant that parent the right to relocate with the child. The court will consider a variety of factors in this determination, such as the financial interests of the parents, the distance of the move, the potential impact on the child’s emotional and physical well-being, the stability of the proposed move, and the child’s age and maturity level. If the court determines that it is in the child’s best interest to move out of state, it may issue an order allowing the move. However, if the court determines it is not in the child’s best interest, the court will not grant the request and the parent may not move out of state with the child.

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