You Could be Charged with a Felony for Moving Children Out of State Without Permission
By: Gordon & Perlut, LLC
Child custody disputes are common in cases where parents are divorced or unmarried and not living together. Even once a court order is in place, potentially complex issues can arise. A common example is when one parent wants to relocate. The Chicago area child custody lawyers at Gordon & Perlut, LLC explain how to handle this situation and the penalties you could face for moving your child out of state without the permission of the court or the other parent.
Obtaining Approval For An Out Of State Move
If you are a divorced or unmarried parent living in the Chicagoland area, the best way to protect your rights and the best interests of your child is to have a child custody order put in place through the Cook County Circuit Court or the Court in your county. During these proceedings, you will create a parenting plan allocating parental responsibility. It will include restrictions on how far away either party may move in the event of a relocation.
One of the primary considerations is that the distance does not impede the other parent from visiting the child or exercising their other parental rights. There are two ways to obtain approval for an out-of-state move:
Parental Kidnapping: Penalties For Violating a Child Custody Order in Illinois
Even though you are the child’s parent and have primary or partial custody through a court order, you can face serious criminal charges for moving your child out of state without permission. Under the Illinois Statutes (720 ILCS 5/10-5), intentionally violating the terms of any valid court order granting sole or joint custody by removing a child from the court’s jurisdiction is considered child abduction. You could lose your parental rights as a result and face felony criminal charges, which include the following penalties:
Discuss Your Case With Our Chicago Child Custody Lawyers
Before taking actions that could jeopardize your rights as a parent and may even result in criminal charges, discuss your case with our Chicago area child custody lawyers at Gordon & Perlut, LLC. first. To request a confidential consultation, reach out and call the Chicago child custody law firm at Gordon & Perlut, LLC today.