Can I Stop My Ex From Moving Away With My Child?

 Posted on March 24, 2021 in Child Custody

As a parent, after you get divorced, it can be difficult to adjust to spending less time with your kids. You will want to do everything you can to prevent the possibility that you will be required to limit your parenting time further, including addressing situations where your ex plans to move to a new location that is farther away from your home. In cases involving parental relocation, you should be sure to understand your rights and how these matters are addressed in court.

Parental Relocation Under Illinois Law

Divorced parents who live in DuPage County and other counties in the greater Chicago area will need to meet certain requirements if they are planning to move to a new home that is at least 25 miles away from their current home. If a parent who has the majority of the parenting time with their child, or who shares equal parenting time with their former partner, will be relocating, they are required to notify the other parent at least 60 days before the date of the planned move, or at the earliest possible date if they make relocation plans within 60 days of moving.

If you have received a notification from your ex-spouse stating that they plan to relocate, you will want to determine whether their move will require a modification of your parenting plan. A greater distance between your homes may make it difficult or impossible for you to follow your regular parenting time schedule, and transportation arrangements may need to be modified. Child custody could also be affected, since you may be unable to visit your child’s school, attend or participate in their activities, or go to their doctor appointments and stay abreast of their medical needs.

If you plan to contest your ex’s relocation or the modification of your parenting plan, you will need to show that you are objecting to the move in good faith out of a desire to protect your child’s best interests. The court will look at your and your ex’s history with your child, including whether you have exercised your parental responsibilities, so you will want to show that you have continued to be closely involved in your child’s life and that you have followed your court-ordered parenting time schedule. A judge will also be looking to minimize the negative impact on your relationship with your child, and you can fight against any changes that will cause you to spend less time with them or make it more difficult for you to be involved in raising them.

Contact Our Wheaton, IL Parental Relocation Lawyers

If you are worried that your ex’s plans to move will affect your parenting time or your child custody rights, the lawyers of Andrew Cores Family Law Group can advise you of your legal options, and we will provide you with representation when addressing these matters in court. To arrange a free consultation with our DuPage County child custody attorneys, call us today at 630-871-1002.

Sources: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm