Call Us630-382-8050

2445 Dean Street, Suite G, St. Charles, IL 60175

Subscribe to this list via RSS Blog posts tagged in relocation

Kane County family law attorneysThere is no denying that a divorce can be challenging even if both spouses mutually agree it is for the best. The decision to end a marriage may be especially difficult if a couple has a child together. In many cases, both parents want to spend as much time with their child as possible and it is one of the reasons they often put off filing for divorce. Every state has laws governing divorce and child-related issues, and Illinois is no exception. The allocation of parental responsibilities (child custody) and parenting time (visitation) must be determined before a divorce is finalized. It is possible for the custodial parent to relocate, so it is crucial to know the rights each parent has under Illinois divorce laws.

Illinois Divorce Laws

Under the Illinois Marriage and Dissolution of Marriage Act, one parent is typically awarded the majority of the parental responsibility for his or her child in a divorce. According to a new statute that was enacted in 2016, that parent must give the other parent 60 days written notice if he or she wishes to relocate with the child. Several important details must be included within that notification, such as: 

  • Date of the planned move
  • New address
  • Length of time if the relocation is temporary

The parent is permitted to move with his or her child within the state according to certain guidelines. A move beyond the mileage restrictions or out of Illinois requires permission from the other parent unless the court allows it. If the other parent objects to the move, the court may still permit the move if it is considered to be in the child’s best interest.

...

St. Charles parental relocation attorneysWhether you are accepting a position with a new employer, can no longer afford your current residence, or need to be closer to extended family or friends, the decision to relocate in the midst of divorce is not an easy one to make. When you share a child with the other parent, planning a move after the separation can be especially challenging, yet circumstances can arise that leave you little choice in the matter. Whatever your situation, if you have children and find yourself planning to relocate during the divorce process, Illinois law will require you to adhere to specific guidelines as you begin putting your relocation plans into motion.

Relocation Guidelines for Divorced Parents

The state of Illinois considers the relocation of a parent after divorce to be a significant change in the lives of any children involved and for the family as a whole. As the state recognizes the impact a move can have on children of divorce, laws have been put into place to govern how the relocation process should be handled. 

Here are some basic guidelines that you will be expected to follow:

...

St. Charles family law attorneysMany things change after a couple decides to separate. In some cases, one parent may have been a stay-at-home parent before the divorce, but now they must find a new job. When they land a job, they may need to move to be closer, and they will, of course, want to bring their children.

If it is a short distance, the parents should have no trouble relocating with their children. However, in the Chicago metropolitan area, a parent cannot move over 25 miles within Illinois or out of the state without permission from the other parent and/or the court. In other parts of Illinois, in-state moves of over 50 miles require prior permission. 

What Are Some Reasons to Want to Move?

As already stated, a new job may be a reason for the primary parent to move, but it is not the only reason a parent will elect to move. Sometimes, a move is necessary to:

...
Best Law Firm 2020 Emerging Lawyers Best 10 Avvo Leading lawyers Avvo
Back to Top