Can I Move Out of The U.S. If I Have Sole Legal Custody? 2024

Parents who have dissolved their marriage and are designated as the sole primary residential parent have a lot on their plates. However, they also get access to one often-overlooked perk that co-parents lack. They have greater freedom to relocate from town to town or state to state without court-imposed sanctions or the need to seek consent from a bitter ex. Some, however, may be wondering, “Can I move out of the U.S. if I have sole legal custody?”

The Power and Limits of Sole Custody

People, including parents, can feel the need to move for any number of reasons: careers, relationships, fulfilling lifelong goals, or being closer to family, to name a few. In today’s modern, connected world, these concepts are less bound by national borders than ever before. Moving out of the country can mean a new adventure, a fresh start, a reconnection with roots–a whole new life. And, of course, you’ll want your kids with you every step of the way.

Sole allocation of parental rights and responsibilities means that one parent has the exclusive right to make major decisions regarding their child’s upbringing, education, medical care, and other aspects of their life. This grants a parent broad decision-making authority, but it’s important to remember that international relocation involves legal considerations on multiple levels.

Even when one parent is granted significant decision-making power, it does not necessarily mean that the other parent has all parental rights removed. Even a non-primary residential parent might be awarded court-ordered visitation time and will also still be expected to contribute to the child’s upbringing. A non-primary residential parent’s rights can also include the right to dispute plans for their child to relocate long-distance.

How Illinois Courts Decide on International Relocation Requests

When one parent wants to relocate long-distance with their child, the Illinois court system takes it seriously, whether the move is two states away or halfway around the globe. The main consideration here is the child’s best interests and overall well-being. A few of the factors the court will look at include:

• Impact on the child’s social, educational, and family life
• Current parenting time and visitation
• The reason for the relocation

These are just a few of the considerations that a court will make. If, however, there is ever concern about international travel or relocation involving your child and the other parent, you should speak with an attorney who can ensure your rights are protected in the process.

International Considerations

Moving abroad can present new opportunities but it can also raise legal uncertainties for those involved. Moving out of the country is one of the most dramatic changes that can happen in a child’s life making it important to ensure doing so is in the child’s interests. Understanding how international relocation impacts your allocation of parental rights and responsibilities can ensure you are making the right decision for you and your child.

It’s important to understand that as the sole primary residential parent, you may find greater difficulty moving internationally from the other parent in the United States than in entering the country you relocate to. Every nation has different immigration rules, but relocating anywhere outside of the United States will come with a long list of costs and requirements.

You will likely need to apply for a visa by proving your ability to find housing and contribute to that country’s workforce. Your children may require separate documents and visa applications of their own. An Illinois Judge giving you the thumbs-up to travel internationally is only the first of the hoops you’ll need to jump through to start a new life abroad with your children.

FAQs

Can I Move Abroad With Sole Custody?

You may be able to move abroad with sole custody, but this depends on several complicated factors, including the other parent’s legal status and disposition, the reason for your planned move, and your ability to meet immigration requirements in the country you wish to relocate to. Before considering such a move, you should discuss the opportunity with your family law attorney, who can help ensure you legally relocate with your child.

Can a Mother Take a Child Out of the Country Without a Father’s Permission?

A mother cannot typically take a child out of the country without a father’s permission. The Department of State, which is in charge of issuing passports, will generally not issue a passport to a minor child without consent from both parents and legal guardians. Exceptions to this rule are rare but might be granted in extreme circumstances, such as when one parent cannot be located.

Can I Move Out of State if I Have Sole Custody in IL?

You may be able to move out of state if you have sole custody in Illinois, but a non-primary residential parent may also have a right to contest such plans. The family courts in Illinois look at all long-distance moves with the same level of scrutiny. This includes relocation from state to state as well as internationally. The final decisions will be made on what is in the primary interests of the child.

Who Wins Most Parental Responsibilities Cases?

In the State of Illinois, most parental responsibility cases are won by the party deemed most fit to support the child’s overall growth, health, happiness, and well-being. The financial factor is taken out of this equation by using a system to ensure that both parents contribute adequately to their child’s upbringing regardless of who is the primary residential parent.

Chicago Family Law Attorneys

International relocation is an amazing opportunity for many individuals, but for those who have dissolved their marriage, were never married, or are separated and share a child, this can create a complicated legal challenge. Whether you are the one moving or fighting against your child’s other parent from doing so, get the help that you need. Contact Schaffer Family Law, Ltd., to set up a consultation so we can hear more about your options.