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Naperville IL family law attorneyIn many divorces, the most contentious issues tend to be those involving the children. Both parents are usually concerned with protecting their rights, and it is not uncommon for parents to disagree on issues such as the allocation of parenting time and decision-making responsibilities. Even after the dust has settled, these disagreements can be dragged up again and get even more heated when one of the parents requests a modification to the parenting plan because of their intention to relocate with the children. If you are opposed to your former spouse’s relocation, you may have options to prevent it from happening.

Prior Notice of Relocation Must Be Provided

If your ex-spouse wants to move from their current residence to a new residence and take your children with them, they are not always able to do so without your permission. In some cases, a parent’s move is considered a relocation, which requires certain prior documentation and notice to the other parent before the relocation can take place. A notice must be provided to you prior to the relocation if the other parent’s new residence will be:

  • More than 25 miles away from the child’s current residence in Lake, Will, DuPage, McHenry, Kane, or Cook Counties.

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Naperville child relocaiton lawyerIn many homes, a family may move away from relatives and friends to follow the course of one spouse's career. If, however, the marriage comes to an end, it is only natural that at least part of the family will wish to return home. Or, in another situation, a divorced parent may find another job that removes them from the location of their original family home. Circumstances change continuously, and there are laws designed to help determine the appropriate course of action for families who find themselves in relocation situations. Illinois relocation laws say:

Advanced Notice

When a parent chooses to relocate with a child, they must provide advance written notice to the other parent. This notice must include:

  • The intended moving date;
  • The intended new address;
  • Whether the move is permanent, and if not, it must consist of the length of stay; and
  • The notice must be given at least 60 days in advance, or as soon as the note becomes practical.

Is Notice Always Required?

Parental notice is not always required unless it includes a drastic change to the life of the child. Written notice becomes necessary if the moving parent is the one with whom the child resides most of the time, or if both parents share an equal amount of parenting time. Other considerations include:

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