The Essential Considerations for Relocating a Child After a Divorce

 Posted on May 18, 2023 in Child Custody

When a divorce proceeding involves kids, it is essential for parents to make decisions that are in the best interests of the children. One such decision is the relocation of a child after a divorce. Relocation can be a challenging process and can cause disruption in the child’s life. Therefore, it is important to consider various factors before relocating a child after a divorce in Illinois. For legal assistance on this matter, contact an experienced family law attorney to get the relocation process started.

Here is What to Consider When Relocating with Your Child

The first essential consideration is to analyze the existing parenting plan and custody arrangement. When seeing whether court approval will be required for the move, this will depend on the distance of the move and in what county the child currently lives. For instance, if the child lives in one of the collar counties of Chicago, which are Cook, DuPage, Kane, Lake, McHenry, or Will counties, court approval will not be required for a move of 25 miles or less, regardless if the move will be in-state or out-of-state.If the move is 25 miles or more, court approval will be required, regardless of whether the move is in-state or out-of-state. 

If the child currently resides outside of one of the collar counties of Chicago, court approval is not required for a move of 50 miles or less. That said, court approval will always be required even in counties that are not collar counties if you move 25 miles and out-of-state. 

Regardless of where you are moving to, you must notify the non-relocating parent with a 60-day written notice before the relocation. It is essential to look at the parenting plan in place and review the document to determine whether it has any relocation provisions. And remember, in cases where you need the permission of the non-relocating parent, if the non-relocating parent denies the relocation request, a contentious battle may lie ahead.

For the court to approve a contested relocation, the parent seeking to relocate must have a legitimate reason for wanting to relocate, such as a new job with significantly increased economic benefits or better educational opportunities for the child. At this time, the relocating parent must be able to demonstrate that the move will benefit the child’s quality of life. If the parent cannot provide a legitimate reason for the relocation, the court may be inclined to deny the request.

It is important to analyze the impact of relocation on the child. The child’s interests must be given paramount importance in relocation cases. When deciding whether to grant the relocation request, the court will consider the child’s age, health, emotional development, and educational needs. The child may also consider the child’s relationship with both parents and the impact of the relocation on that relationship. 

Contact a DuPage County Family Law Attorney

Contact the experienced Wheaton family lawyers with The Stogsdill Law Firm, P.C. to learn how we can assist you during a child-related legal dispute such as a contested parental relocation. Call 630-462-9500 for a private consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K609.2