Can a Primary Residential Parent Move Out of the U.S.?

 Posted on November 26, 2024 in Family Law

Parents often feel the need to move for a variety of reasons. Perhaps their career takes them in a new direction, they have a new relationship, they are hoping to fulfill a lifelong goal, or they simply want to be closer to family members. Any of these reasons are enough to set off on a new adventure or a fresh start after a divorce. If there are children who will also be moving, imagine what a great adventure it could be for them to experience an entirely different culture.

Parents who have divorced and are designated as the primary residential parent do have freedom to relocate from one close town to another, possibly even without the necessity of seeking court approval or consent from a bitter ex. However, can a primary residential parent leave the United States without getting some sort of approval? Before you book airline tickets, speaking to a knowledgeable Wheaton, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC is a good idea.

What Does Primary Residential Parent Mean in Illinois?

Sole allocation of parental rights and responsibilities means one parent has the exclusive right to make major decisions on behalf of the child. Major decisions are generally considered those that pertain to education, religion, and medical care. While this gives one parent broad decision-making authority, it does not necessarily mean that the other parent has had his or her parental rights removed. Sole parental responsibility is rarely granted in Illinois because the state prefers that children have ongoing relationships with both parents. As such, when the parents share allocation of parental rights and responsibilities, one parent will generally be designated as the primary residential parent or parent with the majority of parenting time.   

The non-primary residential parent does have the right to share in making major decisions on behalf of the child and therefore can object to the other parent’s plan to take the child out of the country. The court takes a long-distance move with a child that will take the child away from his or her other parent very seriously.

As always, the child's best interests always take precedence over any consideration pertaining to the parents. As it would with a move within the United States, the court will consider the following:

• What is the parent’s reason for relocating out of the country?

• What does the current parenting time look like for the other parent?

• What will the impact be on the child’s social life, family, and education?

•  Does the parent have the ability to meet immigration requirements in the country he or she wishes to relocate to?  

• Can the parent who wants to move, obtain a passport for the child?

The Issue of a Passport for the Child Could Be Another Stumbling Block

The Department of State will not usually issue a passport to a minor child without consent from both parents. This is to prevent one parent from taking a child out of the country without the other’s knowledge or agreement. Exceptions to the passport rule are rare and are usually only granted because of a court order or because every effort has been made to locate the other parent with no success. This means that if the child’s other parent is adamantly opposed to the child leaving the country, that parent could potentially stop the parent who wants to move simply by denying the child permission to get a passport.

Contact a DuPage County, IL Child Custody Lawyer

International relocation can create a complex legal challenge. Whether you are the parent who wants to move out of the country or the parent who objects to the move, a Wheaton, IL allocation of parental responsibilities attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help. MKFM Law serves family law clients at our Kane County and DuPage County offices. Call 630-665-7300 today to schedule your initial attorney meeting.