Can a Parent Relocate With a Child After an Illinois Divorce?
Posted on October 30, 2019 in Child Custody
A divorce under any circumstances can be difficult, and when a couple has a child, that can further complicate the process. Typically, parents do not want to give up time with their child once the marriage ends, but changes to children’s and parents’ schedules are a reality of divorce. One parent may be allocated the majority of the parental responsibilities. However, the other parent does have a right to parenting time, which can be addressed with a parenting plan. In some cases, one of the parents may wish to move out of state to be near family members or due to a job transfer or new career opportunity. Depending on the circumstances, child support or parenting time may need to be modified. Therefore, it is important to ensure that parental rights are not violated in any way.
Illinois Divorce Law Pertaining to Relocation
Under Illinois law, if a parent wants to move with his or her child, a written notice must be given to the other parent at least 60 days before the relocation. The relocating parent also needs to submit a copy of the notice to family court for approval. This legal document should contain information such as:
If the non-relocating parent gives his or her approval for the move, he or she will sign the legal notice and return it to the relocating parent. The relocating parent must then file the signed notice with the court to finalize it. If the non-moving parent contests the relocation, the other parent must seek approval from the court, which will take several factors into consideration before approving. In general, the court will base its decision on what is in the best interests of the child. Some of these issues include:
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The reasons for the relocation
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Why the other parent is objecting to the relocation
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The positive and/or negative impact of the move on the child
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The effect the move could have on the non-relocating parent’s rights
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The kind of relationship each parent has with the child
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Any order modifications for the continuation of the non-relocating parent’s rights
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The absence or presence of family members in the current and proposed residence
It is important to note that certain child relocations do not need prior approval. Those parents who live with their child in DuPage, Kane, McHenry, Will, or Cook County can move up to 25 miles away without permission from the child’s other parent. In any other Illinois county, a parent is allowed to move up to 50 miles away. A parent can also move to another state, as long as the move is not any farther than 25 miles from the child’s current home.
Contact a DuPage County Divorce Lawyer
After a divorce, one ex-spouse may move out of state to be closer to family or take on a new job. This can mean a fresh start, but when a child is involved, it can complicate matters. If you are planning to relocate after your Illinois divorce, or if your ex is planning to move with your child, you should seek professional legal counsel to ensure your rights are protected. Our tenacious Wheaton, IL parental relocation attorneys will advise you on all the legal requirements and advocate for your child’s best interests. Call the Andrew Cores Law Group today at 630-871-1002 to schedule your free, confidential consultation.
Sources:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K609.2
