Moving a Child Out of Illinois After a Divorce

moving a child out of Illinois, DuPage County Family Law LawyerCo-parenting can be difficult for parents who are no longer in a relationship, and it can take a lot of patience and compromise to make co-parenting work. Moreover, co-parenting can become more complicated if the parents are not living in the same state. Therefore, the stress of custody battles can increase when one parent wants to relocate and move the children out of Illinois.

Recently, Illinois law changed with regard to what a parent has to do in order to move children out of state when there is a court order. Under the old law, parents generally had to seek court orders in order to move a child out of state, no matter how far they wanted to move.

Currently, parents only have to give the other parent notice if moving within certain distances that qualify the parent as “relocating,” even if this means the child is moving out of state. Usually, all that would be required under current law is a notice to the other parent filed with the court, within a certain time telling them of the proposed move, and providing the child’s new address.

This notice requirement is applicable if a parent wants to move a child 25 miles from the child’s original home, if it is in Cook, DuPage, McHenry, Kane, Lake, or Will County, or 50 miles from any other county, or the new home is out of state.

Once a notice is filed with the other parent, the parent can either agree to the move, or a judge must be involved in the process. The difference here from the old law is that if the parents were to agree, a court would only be involved to change the parenting agreement or order between the parties to show the new address. If the parents do not agree, then the judge has to make a determination on whether the move can go forward.

Judges are required to consider several factors in determining whether the move is in the best interest of the child, including how the move would affect the child’s relationship with the other parent, and the necessity of the move. If a parent is moving for work, and has been committed to fostering the relationship between the child and the other parent, then the judge may be more inclined to allow the move, depending on the other factors. The judge may also consider the impact of the move on the child, and whether the child wants to move.

Contact a Lawyer for Help with Your Case

When parents can agree on issues such as relocation and how that will affect their parental duties and rights, it can be less stressful for everyone involved. However, parents should also be careful about agreeing to changes in custody orders that could affect their rights later on.

Before making any decisions or signing off on any legal changes that relate to your children, contact an experienced and compassionate DuPage County family law lawyer at Momkus LLC today for a consultation.

Sources:

https://peoriabar.org/sites/default/files/REMOVAL_SERRITELLA.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

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