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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:

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DuPage County Parenting plan attorneyGetting a divorce when you have children is much different than getting a divorce when you do not have children. Couples who divorce and have children often face a more complicated and stressful situation than couples who do not have children. With the addition of children, there are many different things that must be addressed before you can finalize your divorce. In the state of Illinois, couples are required to have a parenting plan in place before their divorce can be completed. A parenting plan is a document that details the agreement between the couple and outlines many of the issues and procedures relating to the children, including how parenting time will be allocated and how decision-making responsibilities will be handled.

Before you go to court about your parenting plan, you must first attend mediation. Illinois courts believe that families benefit from the use of mediation when issues need to be settled, but they also understand that mediation does not work for everyone. If you and your spouse cannot come to an agreement during mediation, you will have to take your case to court where a judge will make determinations about your case.

Components of a Parenting Plan

In your parenting plan, there are certain elements that must be present before the court will approve the plan. At a minimum, the parenting plan should contain information about:

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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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