Can I Travel With My Child Out of State During Our Illinois Divorce?

 Posted on February 09, 2024 in Divorce

For some people, going on a trip can be a stressful mix of unnecessary spending, logistics, sleep arrangements, and getting children settled in a new environment just when it is time to return home. For others, travel is an excellent way to unwind, experience new things, and come home rejuvenated. 

If the second category describes you, then a trip might be exactly what you want especially when you are in the midst of a nerve-wracking divorce process. You might want to go on a trip with your child to help you enjoy some quality time together away from the negativity that might characterize the divorce proceedings. 

However, until any parenting arrangements have been finalized in a divorce, there may be questions as to whether or not you are legally permitted to take your child with you on a trip. If you are thinking about booking travel plans for you and your child before your divorce is finalized, a DuPage County, IL divorce lawyer can walk you through the implications and help you decide how to move forward.

Is It Legally Problematic to Travel With My Child During a Divorce?

One might question why this is even an issue. After all, married parents are free to travel with their children however they see fit. Some people choose to travel as a family. Others might separate on trips for any number of reasons. Perhaps the mother has an important meeting on the Friday of a long weekend; in that case, the father might fly with their child on Thursday, and the mother might meet up with them later. Maybe the mother wants to take her child on a trip with her sister and niece. When parents are married, they are authorized to make travel plans for any combination of their family members.

As soon as a divorce is finalized, the parents have guidelines for who the child will be with and when and what agreements they will need to have in writing for any travel purposes. But what happens before there is a divorce settlement, and there is no clear division of parental responsibilities?

In general, either parent can take their child wherever they wish within state lines before their divorce has been finalized. If the trip in question is outside the state of Illinois, the parent who wants to go on the trip needs to get the other parent’s written consent for this.

Schedule a Free Consultation with a DuPage County, IL Divorce Lawyer

If you have not yet finalized your divorce but would like to take your child on a trip somewhere, a knowledgeable Wheaton, IL divorce attorney can explain the various aspects involved and advise you on how best to proceed. At Goostree Law Group, we offer free consultations, so call 630-364-4046 to schedule yours.