12. Can the Children Leave the State?
The answer is YES! There are limitations once a Divorce or Parentage matter is pending before the Court. There is an automatic stay from removing children from the state once a divorce or paternity case is filed; however, out of state travel is generally not an issue and can be worked out.
As a general rule parents are free to travel with their children, even when a divorce or paternity case is pending in the court. The biggest change or restriction to leaving the State of Illinois with your children during a divorce is that neither party may remove the children PERMANENTLY from the State. Weekend trips out of State generally are fine–even a week long trip is proabably o.k. If you have a custody case pending, you should check with your attorney before removing a minor child from the State. Sometimes in the heat of litigation, even a kind gesture could be taken in the wrong manner. Also, you have to watch the meaning of “PERMANENTLY”.
Words like “permanently” and “temporarily” are words of art once you enter the legal world. They may not be defined in a legal context as you would define them outside the courthouse. Domestic Relations laws tend to be fluid. Time frames are rarely precise and often span a range. When in doubt, find out. Call a family law attorney and check into it BEFORE you remove a child from the state.
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