What Happens if my Post-Divorce Relocation is Contested in Illinois?

 Posted on June 07, 2022 in Family Law

People move for a variety of reasons including a new job, better schools, or a chance to be closer to extended family. However, there can be complications with a relocation in the wake of a divorce if you and your former spouse are sharing custody of your children. Indeed, if your move meets certain distance criteria, you are required to seek approval from the court. If you are considering a move, you need to be well-informed about your legal requirements and should know on what grounds your former spouse could contest the move.

Implications of a Relocation in Illinois

In Illinois, when one parent who has primary or shared custody wishes to move, no matter the distance, they are legally required to notify the other parent at least 60 days before the planned date of the move. For relocations above a certain distance, special approval of the court is required because of the potential impact it may have on the existing parenting plan and parental responsibilities. These distances are:

• More than 25 miles if the child currently resides in Cook, Lake, McHenry, DuPage, Kane, or Will Counties

• More than 50 miles if the child currently resides in any other Illinois county

• More than 25 miles if the move is from Illinois to another state

Once your former spouse receives the notice about your move, he or she may choose to file an objection. If your spouse objects to your move, a judge will decide whether your relocation is in the best interest of your children. Factors the court will consider include:

• The potential that the move will damage the relationship with the other parent

• The difficulty in creating a parenting plan that will work with the child at the new location

• Any negative impacts on the child’s routine or educational opportunities

• How the relocation will impact the child’s contact with other family members and friends

If your ex-spouse contests your relocation, or even if you anticipate there may be a conflict, we can help you build a case on how the move will be beneficial to the child’s well-being. We can anticipate the potential objections and help you make your case for the relocation in court.

Contact an Arlington Heights Child Relocation Attorney

At Law Offices of Donald J. Cosley, we have experience fighting for parents who are involved in child relocation cases. If you need representation in a child relocation case or any other family case involving child custody, parenting time, or parental responsibilities, contact our Rolling Meadows family law attorneys at 847-253-3100. We offer free initial consultations. We’ll keep the best interests of you and your children first.

Source:

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