Legal Issues When Relocating With Your Child After Divorce
Posted on November 06, 2018 in Child Custody
Our society becomes increasingly mobile with each passing year. Some of the top reasons to move often include a new employment opportunity or a desire to relocate to a new community. Another leading reason for relocation is a change in marital status. After a divorce, a person who has moved to a new city with their spouse may opt to return to their hometown, where they will have a more extensive support system. However, relocating with children after a divorce is not as easy as packing a bag and driving away. When planning for child relocation, parents in Illinois should be sure to understand the legal ramifications of their move.
Review the Terms of the Divorce Agreement
When you choose to move with your child, especially if you are planning to move out of state, you will be disrupting the parenting time (visitation) rights of the other parent. As part of your divorce decree, you may have temporary or permanent court orders outlining any rules or restrictions for moving. Choosing to ignore these orders may jeopardize your future with your children, and you could even be held in contempt of court, a charge which has serious legal repercussions.
Distance Matters
Generally speaking, if you are moving to a new home that is close to your old residence, you do not need to give prior notification to the other parent. However, if you reside within DuPage, Cook, Kane, McHenry, Lake, or Will counties and are moving 25 miles or more from your current home, you must notify the other parent in writing 60 days before the move occurs, and you must receive approval from the court. Parents who live in other counties within Illinois must provide notification if they plan to relocate more than 50 miles away, and notification must also be provided for an out-of-state move more than 25 miles from your current residence.
The Best Interests of the Child
Before you decide to accept a new job opportunity and move your child away from the other parent, consider what is in the best interests of your child. The court will undoubtedly use this question as a primary deciding factor before granting approval for child relocation. A judge will take the following factors into consideration:
- The wishes of everyone involved, including the child.
- Individual parental interactions with the child.
- The child’s adjustment to their environment, school, and community.
- The mental and physical health of all parties.
- The willingness and ability of both parents to facilitate an ongoing relationship with the other parent.
Ask a DuPage County Child Relocation Lawyer
If you are considering moving with your child, a Wheaton family law attorney can help you meet your legal requirements and provide you with the representation you need. Failure to adhere to current state laws jeopardizes your future and is punishable by both civil and criminal penalties. The helpful attorneys at Andrew Cores Family Law Group will compassionately listen to the details of your situation and help you understand the best way to navigate your situation. Call us today at 630-871-1002 to set up a free, confidential consultation.
Sources:
https://www.naahq.org/news-publications/actually-not-more-mobile-society
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=8300000&SeqEnd=10000000
