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Does Illinois Law Allow Me to Relocate With My Child After My Divorce?

Posted on in Child Custody

DuPage County parental relocation lawyerFor some, relocation can be a necessary step after divorce. There are many reasons why divorcees would want to move after the divorce is finalized. Some wish to be closer to family members, while others move for a new job. Regardless of the reason, a parent must have primary or equal custody of the child in order to submit a relocation request. In Illinois, relocation includes any move that is at least 25 miles from the child’s current home for those that live in Will, Cook, DuPage, Kane, Lake or McHenry County or moves outside of Illinois state borders. If the child lives in a different county than those listed above, relocation boundaries increase to 50 miles from the current residence to any other part of Illinois. Moving with your child can be stressful, especially if your ex-spouse does not approve of the relocation.

Notice of Relocation

Before you are able to do anything, you must provide your former spouse with notice that you intend to relocate with your child. In the notice, you must include the date of your intended relocation, your new address, and whether or not the relocation is permanent. If the other parent signs the notice, it can be filed with the clerk of the circuit court, and if the judge agrees that the proposed move is in the child's best interests, the parenting plan will be modified. If the other parent does not agree to the relocation, the parent seeking to move must file a petition with the court requesting to relocate.

Deciding Factors

If the parents are unable to come to an agreement on their own, they must take the issue to court. A judge will review the petition for relocation and the other parent's objections to the planned relocation to determine whether the move is in the child's best interests. When the judge is making the decision about the relocation, he or she will consider a variety of factors. These include:

  • The circumstances and reasons for the intended location.

  • The history and quality of each parent’s relationship with the child.

  • Whether or not either parent has failed to exercise the parenting time or responsibilities that have been allocated to them.

  • The educational opportunities available to the child at the current residence and the new residence.

  • The presence or absence of extended family at the new and old locations.

  • Whether or not a reasonable allocation of parenting time will be able to be fashioned.

  • The wishes of the child.

  • Minimization of the negative effects on either parent's relationship with the child.

  • Any other factor the court deems relevant.

A DuPage County Family Law Attorney Can Help You Relocate With Your Child

If you are seeking to relocate with your child, there are a number of steps you must take in order to do so legally. You must not only provide notice to your child’s other parent, but you must also comply with all of Illinois’s rules and regulations. If your child’s other parent objects to your relocation, you should get in contact with a skilled Wheaton, IL parental relocation lawyer right away. At Goostree Law Group, we will work to help you protect your child's best interests. Call our team of compassionate attorneys today at 630-364-4046 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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