The most popular form of custody agreement is joint custody. Joint custody arrangements are the most common arrangements because they can provide structure and stability for children adjusting to life after a divorce or separation. Joint custody agreemetns can, however, introduce legal complexities—especially when one parent wishes to take the child out of state. In Illinois, state-specific laws govern when and how a parent with joint custody can travel or relocate with their child, making it crucial to understand legal obligations and potential court involvement. In this article we will answer the question, “Can a parent take a child out of state with joint custody?”
Joint Custody in Illinois
Joint custody in Illinois refers to shared parental responsibilities, including decision-making authority (legal custody) and parenting time (physical custody). Under Illinois law, both parents have a say in major decisions affecting the child, including travel and relocation. Other states will have their own laws that could be different than Illinois’ laws, so check the statutes in your state and/or ask an attorney for assistance if you have any questions.
The other form of child custody would be sole custody meaning only one parent has legal and/or physical custody. Courts typically prefer joint custody arangements since having both parents involved with their child’s life in typically in the child’s best interests. To get sole custody, one parent usually has to voluntarily relinquish their own parental rights or have those parental rights taken away by a judge.
Typically, one parent is named as the custodial parent, meaning they have custody the majority of the time. Different agreements may split the parenting time differently. Some agreements give both parents equal amounts of parenting time while others give one spouse more than the other. When a non-custodial parent wants to relocate, their parenting time may be affected depending on the distance of the move and the existing custody arrangement.
Reviewing the Custody Agreement
The first step in determining whether a parent can take a child out of Illinois is to review the parenting plan or custody order. Custody agreements can be long and have many different prerequisites/requirements such as:
- Advance notice requirements (e.g., notifying the other parent at least 2 weeks in advance)
- Written consent from the other parent such as a text message or even an affidavit
- Restrictions on travel without court approval (e.g., if you have restricted parenting time or supervised visits then court approval may be necessary before traveling with your children)
- Designation of travel duration limits (e.g., cannot be out of state longer than 5 days)
Failing to adhere to these terms could lead to legal consequences, including contempt of court if the violation is serious. Check out our article titled “How to Beat Contempt of Court for Child Support in Illinois” to learn more about contempt charges.
Temporary Out-of-State Travel (Vacations or Visits)
If a parent wants to take a child out of Illinois for a short trip, the custody order or parenting plan will dictate the necessary steps. Every agreement is different, but common requirements include:
- Providing an itinerary (dates and times, addresses of destinations, and contact details)
- Ensuring continued communication with the other parent when it is reasonable to do so
- Confirming that travel does not interfere with scheduled parenting time unless given written consent
If your custody order does not specify travel restrictions, it is best practice for the traveling parent to seek written consent from the other parent anyway to avoid any possible disputes.
Relocation and Permanent Moves
If a parent seeks to move with the child out of Illinois permanently or for an extended period of time, additional legal steps will be required. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2 Parent’s Relocation), relocation is defined as moving:
- More than 25 miles from the child’s current residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties.
- More than 50 miles from the child’s current residence in other Illinois counties.
- More than 25 miles from the current residence to a location outside of Illinois.
For relocations that meet these criteria, the law requires:
- Notification to the other parent at least 60 days in advance (or as soon as possible if 60 days is not feasible).
- Court approval will likely be necessary, especially if the other parent objects to the move.
- A formal petition for relocation, if required by the judge.
The non-relocating parent has the right to contest the move, leading to a court hearing where factors such as educational opportunities, family support, and the child’s relationship with both parents are considered. Courts will still try to keep parenting time to a similar amount as before if it is possible, but this could depend on how far away you are moving, or if you are the custodial parent or not.
Legal Consequences of Unauthorized Travel
Taking a child out of Illinois without complying with custody agreements or court orders can have serious legal ramifications, including:
- Legal penalties for violating custody orders
- Parental kidnapping charges in cases where extreme violations have taken place
- Modification of custody arrangements if the court deems the violation was/is harmful to the child’s best interests
To learn more about the legal consequences of unauthorized travel, check out our article titled “Can I Take My Child Out of State If There Is No Custody Order?“
Seeking Legal Guidance
Understanding Illinois’ joint custody laws and interstate travel rules is essential for parents looking to travel or relocate with their child. If you have concerns about taking your child out of state—or if the other parent is attempting to do so without proper authorization—consulting an experienced Illinois family law attorney can help protect your parental rights and ensure compliance with state laws.
Conclusion: Can a Parent Take a Child Out of State with Joint Custody?
While joint custody allows both parents to be actively involved in a child’s life, taking a child out of state in Illinois requires careful legal consideration. Whether planning a vacation or considering a permanent move, parents should always review custody agreements, obtain necessary permissions, and seek legal counsel when needed to avoid legal complications and prioritize the child’s best interests.
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Disclaimer: This article (Can a Parent Take a Child Out of State with Joint Custody?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information to answer the question Can a Parent Take a Child Out of State with Joint Custody?
Published by Dustin Koth on March 3, 2025
