Am I Able to Take My Children Out of the State After Divorce?

Traveling can be complicated after a divorce. Disagreements may arise over how and where a child or children spend their holidays, and out-of-state travel frequently comes into play.   In most cases, any parent with custodial rights should get written permission in order to travel out of state with a child or children.

If you’re divorced and want to take your children on a vacation out of state, you’ll need to get written permission from the other parent. Here’s what you need to know.

What permission does a parent need to seek before travel?

Permission also applies if a non-custodial parent wants to consent to travel out of the state or country with a child after a divorce. If custody agreements are unclear, consult with a lawyer before any out-of-state travel occurs to protect yourself and your custody agreement. 

By working with an experienced family law attorney, parents can ensure that their rights are protected, and their children’s best interests are taken into account. However, complications can arise when parents disagree about travel that involves their children and could interfere with the other parent’s parenting time. In these cases, it is critical to seek a custody order or consult with a lawyer to modify an agreement or set clear limits on travel.

What is Illinois state law?

Illinois requires each parent represented in a custody agreement receive explicit consent from the other parent before traveling. The easiest way to obtain permission is to write outline circumstances allowing travel into the couple’s custody agreement. A family law attorney will be able to assist you by drafting times, instances, and conditions under which another parent has permission to leave the state with or without written permission from the other parent. If your contract doesn’t include any instances on the issue, you can modify a custody agreement or seek written permission. 

Divorce can be messy; sometimes, one parent may withhold consent to control or interfere with the other parent’s relationship with the children. If this happens, you may need to seek court intervention. An experienced family law attorney can help you navigate these issues and protect your rights.

Are there special considerations for international travel or relocation?

When traveling internationally with children, it is crucial to make sure that you have all of the necessary travel documents, including a passport and birth certificate. For children under 16, required travel documents should include a passport and birth certificate. For international travel, both parents must sign and consent to international travel through an application form. A notary must witness both parents’ signatures.

Relocation must be approved by the ex-spouse or partner and approved by a judge in Illinois. A parent may petition for relocation, but there are modifications to custody agreements, permission forms, and written consent that must be used.

Contact a family law attorney today

 If you are considering traveling out of state with your children after a divorce, it is important to understand your rights and the potential consequences. Our law office can help you understand the laws in your state and what to expect if you choose to travel with your children. We can also provide representation if there are any disputes about custody or visitation.

With our help, you can feel confident that you are making the best decision for yourself and your children. We will work hard to get the best possible outcome for your case. Contact us today for a free initial consultation.