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What Are the Laws Regarding Parental Relocation in Illinois?

Posted on in Divorce

Cook County divorce attorney parental relocation

Sharing parental responsibility and parenting time with your ex-spouse can sometimes be challenging. You and your child’s other parent may disagree about certain aspects of your child’s upbringing, or you may struggle to find a division of parenting time that allows you both to see your child as much as you want. One issue that often leads to disputes after a divorce is parental relocation. If you or your ex is planning to move, you may wonder how this relocation will affect your shared parenting time arrangements. Illinois law dictates when a parent must seek approval from a judge before moving, so it is important to know the stipulations that may apply to your situation. If you have any child-related disputes with your child’s other parent, an experienced divorce attorney can help find a solution that works for you.

How Far Away Is the New Residence?

The law treats parental relocations differently depending on how far away the parent is planning to move. Local relocations do not require the parent to seek court approval. However, the parent will be required to take additional steps if moving involves any of the following aspects:

  • The new residence is over 25 miles from a current residence in Cook, Kane, DuPage, Will, McHenry, or Lake County.

  • The new residence is over 50 miles away from a current residence in an Illinois county other than those listed above.

  • The new residence is not in Illinois and is over 25 miles away.

If the relocation meets any of the above criteria, the parent who is moving must notify the other parent of the planned relocation at least 60 days before the proposed move. The parent is also required to file a notice with the court that states the date when he or she is planning to move and what his or her new address will be.

Does The Other Parent Agree to the Relocation?

If the other parent does not oppose the move, and the court finds that the move is in the child's best interests, the relocation will be allowed. However, if the other parent objects to the move, the parent planning to relocate must file a petition with the court describing why the relocation is in the child’s best interests. The court will consider why the parent is planning to move, why the other parent does not agree to the relocation, the child’s wishes, and any other relevant factors when deciding whether or not to grant the relocation request.

Contact a Burr Ridge Child Relocation Lawyer

If you are a parent in a shared parenting situation who wishes to relocate, you may need to petition the court to gain permission. Alternatively, if your ex-spouse is planning on relocating with your child, you may object to it. The accomplished law firm of Botti Marinaccio, LTD. has helped countless parents with concerns related to parenting time, parental relocations, child support, and other family law matters. We will work hard to come to a resolution while protecting your parental rights. Call our office today at 630-575-8585 and schedule a confidential consultation with a qualified Cook County divorce attorney from our firm.

Sources:

http://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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