Can I Move with My Child After My Illinois Divorce?

 Posted on April 24, 2020 in Child Custody

Getting a divorce is an extreme life change. Nearly every single aspect of your life is affected when you make the decision to get a divorce. And not just your life -- the lives of your family members are also affected. Even though your children are not the ones getting divorced, divorces do not discriminate and affect everyone around them. It is not uncommon to seek a change in scenery after a divorce. For some people, moving allows them to be closer to family, closer to a job opportunity, or simply just offers a fresh start. Children are often a point of contention throughout divorce, but they can also be a point of contention when it comes to relocating.

Petitioning for Relocation

If you were assigned the majority of parenting time or an equal amount of parenting time during your divorce, you can ask the court to allow you to move with your child. To do this, you must first notify your child’s other parent in writing at least 60 days before the intended move. Your notice should include your date of relocation, the new address where you and the child will live, and how long the relocation will last if it is not permanent.

If your child’s other parent signs the notice, then you can move with your child without further court intervention. If the child’s other parent objects to the relocation, you must then file a petition to relocate with the court.

Determining the Child’s Best Interests

Like everything else concerning children, the court will base its decision on whether or not you can relocate with your child on your child’s best interests. The court will examine a variety of factors to determine what would be best for the child. These factors include:

• The reason for the relocation
• The reason why the child’s other parent is objecting
• The history and quality of the relationship between the child and each parent
• The presence and absence of extended family members at each location
• Whether a reasonable allocation of parental responsibilities could be fashioned if the parent is allowed to relocate
• The wishes of the child
• Whether or not reasonable parenting time can be arranged

Our Elmhurst, IL Child Relocation Attorney Is Here for You

Relocating after you have gotten a divorce can be an important step in your healing process. If you have children, it can be tricky to relocate with them, but it is not impossible. At Weiss-Kunz & Oliver, LLC, we can help you petition for permission to move with your child, even if your child’s other parent disagrees with the relocation To schedule a consultation with our skilled DuPage County child relocation lawyers, call our office at 312-605-4041.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59