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My Ex Is Moving. Will That Affect Our Parenting Plan?

Posted on in Divorce

DuPage County child custody lawyerIn the wake of a divorce, the final divorce judgment or decree will spell out both parents’ parental responsibilities and schedules for parenting time. While the plan considers the best interests of the children and the situation of the parents at the time of the divorce, the law recognizes that circumstances can change. The plans may be modified when significant changes occur in the lives of the parents or the children, including the relocation of one of the parents.

Relocation Requirements and Considerations in Illinois

Any move has the potential to impact the relationship between a child and their parents. If you are the parent who has the majority of parenting time or if you and your ex-spouse share parenting time equally, you must ask the court and the other parent for permission to relocate.

The statutory definition of a relocation is:

  • Moving farther than 25 miles from a home in Cook, DuPage, Kane, Lake, McHenry, or Will County to a new residence within the state of Illinois.
  • Moving farther than 50 miles from a home in any Illinois county not listed above to a new home in the state of Illinois.
  • Moving farther than 25 miles from a home in the state of Illinois to a new home in another state.

Written notice, including the new home’s location and the anticipated date of the move, must be given to the other parent and the court at least 60 days in advance of the move. If the court and the other parent do not object, the move may go forward, and the parenting plan will be updated. If the other parent does object, the moving parent can file a petition with the court making their case for why the move is in the best interest of the child. In considering whether to approve the move, the court will take various considerations into account. These considerations include the reason why the parent is moving, what the other parent’s objections are, what the wishes of the child are, the relationship of the child with each parent, and the impact the move will have on the child’s educational opportunities and familial relationships.  

Contact a DuPage County Family Law Attorney

At Botti Marinaccio, LTD., we have experience in cases of child custody and relocation. Whether you or your ex-spouse are considering a relocation, we will protect your parental rights and ensure that your child’s best interests are put first. You can contact a trusted Oak Brook divorce lawyer by calling 630-575-8585.

 

Source:

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

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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