New Year, New Move? Relocation and Children After Divorce

 Posted on January 03, 2019 in Divorce

Adjusting during and after a divorce is often difficult for children. Experts believe children adapt better to life after a divorce when they continue a relationship with both parents. Illinois lawmakers agree and have several legal guidelines in place to prevent the unnecessary separation of children from their parents. However, we understand that no two situations are identical, and in some cases, it is in the best interest of the child to relocate.

Before packing your bags, consider these laws if you are weighing your options for a possible upcoming relocation:

Local Moves

The primary focus of child relocation laws is to uphold the best interests of the child without infringing upon the rights of either parent. These regulations also serve as a strong reminder that relocating with a child should not be taken lightly. With that, if you live in DuPage County or the surrounding areas, you do not need the approval to move so long as you remain within 25 miles of the original residence.

Long-Distance Relocations

Alternatively, if you plan to relocate farther away, you will need approval from the non-moving parent before your departure. Notice of your intent must be delivered to your ex-spouse at least 60 days prior to your move. If the move is unexpected, you must give the other parent notice as soon as possible. This written announcement should include all of the following details:

• Intended moving date;
• Address of the new residence; and
• If the move is temporary, the expected length of duration.

The Waiting Game

Once you deliver a written notification, the non-moving parent has a decision: either sign the form to approve the move, or the case must go before a judge. If your ex supports the relocation, merely file the notice with the court and no further action is required. If, however, the other parent enacts their right to refuse your request, you must seek approval from the court. A judge will listen to all arguments and rule in the best interests of the child or children involved.

Ask a DuPage Family Law Attorney

If you anticipate a local or out-of-town move, it is essential to discuss it with a Wheaton relocation lawyer. Your current parenting plan likely contains provisions regarding long-distance relocations and will need a revision to make your move legally acceptable. The experienced attorneys at Andrew Cores Family Law Group have guided countless families through their divorce and the modifications that follow. Find out how we can help your family. Call our office at 630-871-1002 to schedule your free, confidential consultation.

Source:

http://www.cookcountycourt.org/Portals/0/Domestic%20Relations%20Division/Seminar%20Materials/DR.PA%2099-90%20(SB.pdf