What are the Requirements for Parents Planning to Relocate After an Illinois Divorce?

 Posted on November 12,2019 in Child Custody & Allocation of Parental Responsibility

Whether 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:

• Notify the other parent in writing. You must provide 60 days’ written notice of your intention to relocate to the other parent under your parenting plan, and then file a copy of that notice with the clerk of the circuit court afterward. The notice must include the new address, how long you intend the move to last, and the date you plan to relocate. If there is any history of domestic violence in the home, the court withholds the right to seal or waive some or all of the required information in the notice.
• Obtain the non-relocating parent’s consent and signature. The written notice you provided must also be signed by the other parent. Once this happens, no further court action is necessary and permission for the relocation will be granted, as long as the court believes it is in accordance with the child’s best interests.
• Make the child’s best interests a priority. The court will consider a number of factors to determine whether or not the relocation is right for your child, and may modify your parenting plan accordingly. For example, the court will look at everything from the history of each parent’s relationship with the child and the motivation for the move, as well as any objections and whether or not the parents have complied with the parental responsibilities allocated to them thus far.

What Happens if the Non-Relocating Parent Objects?

Whether the plan to move after the divorce is in the best interest of the child or not, parents do not always agree on the decision to relocate. One parent may express strong objection and refuse to sign the written notice you provided. In this case, the state requires you to file a petition with the court to request permission to relocate. It will then be up to the court to decide if the intended move is the overall best option for your child

Contact a St. Charles Divorce Attorney

Any time there is a disagreement between parents regarding the relocation of children after divorce, family interactions can quickly turn messy. This is why reaching out to a skilled, competent Kane County child custody parent relocation lawyer is so important. The moment you sense tension brewing between you and the other parent over plans to move, contact Weiler & Associates, Inc. to ensure your rights are protected in a court of law. Call us at 630-331-9110 and request a personal consultation.

Source:

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