Dealing With Parent and Child Relocation After an Illinois Divorce

 Posted on January 21, 2019 in Divorce

There are many reasons why a person would want to move after they have completed a divorce. Getting a new job, starting a new relationship, moving closer to family, or just getting a fresh start are all common reasons why people choose to relocate to a new home. However, when you add children into the picture, relocation could become more complicated. You cannot just pick up and move with your child if you have an existing parenting plan in place. You must first request permission to relocate from the child’s other parent. Then you must request permission to modify your parenting plan from the courts. Taking the correct steps when you are moving is the key to a successful relocation.

Notifying the Other Parent

If you have been allocated a majority of the parenting time or an equal amount of parenting time as your child’s other parent, you can request to relocate with your child. To do so, you must first provide a written notice of the relocation to your child’s other parent, and provide a copy of the notice to the clerk of the circuit court where you were divorced. The notice should be given at least 60 days in advance of the intended relocation, and it should include the date of the intended relocation, the address of your new residence, and the length of time the relocation will last (if it is not permanent).

If your child’s other parent consents to the relocation, they should sign the notice they receive and return it to you, and then you should file the signed notice with the clerk of the circuit court where you were divorced. If the court agrees that this relocation is in your child’s best interests, your parenting plan will be modified to reflect the relocation. If your child’s other parent does not consent to the relocation, you will then have to file a petition to relocate with the court.

Modifying the Parenting Plan

If the other parent objects to your relocation with the child, the judge will then determine if the proposed modification to the parenting plan is in the child’s best interests. The judge will consider factors such as:

• The reasons for the intended relocation;
• The reasons why the other parent is objecting to the relocation;
• The quality of each parent’s relationship with the child;
• Educational opportunities for the child in the current and new locations;
• The presence or absence of family at the current and new locations;
• The impact the relocation might have on the child;
• Whether or not the relocation would allow for a reasonable allocation of parental responsibilities; and, 
• The wishes of the child, within reason.

An Oak Park, IL Post-Decree Modification Attorney Can Help

It can be frustrating when you need to move and you want to take your child with you, especially if the child’s other parent does not agree to the relocation. A skilled Hillside post-divorce modification lawyer can help you present your relocation request to a judge, seeking to allow you to move with your child. At the Law Office of Vincent C. Machroli, P.C., we can significantly help your fight to relocate and work to achieve a positive outcome in your matter. Call our office today at 708-449-7400 to schedule a free consultation with a family law attorney with over 32 years of experience.

Sources:

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