What Does a Divorced Parent Need to Do to Relocate With a Child?
According to Illinois law regarding relocation with a child, divorced and unmarried parents who share parental responsibilities and parenting time may need to get court approval to relocate with their child. If a parent has most or an equal amount of parenting time and wishes to move, there are certain requirements and procedures to follow.
When Is Court Approval Not Necessary?
If a parent wants to relocate their child and has no interest in getting the court involved, there are a few certain situations where they will not need to:
The parent lives in a collar county in Illinois and wishes to move less than 25 miles away
The parent is outside the collar counties and wishes to move less than 50 miles away
Both parents agree to the relocation
These situations are considered moves, not relocations. However, if the move exceeds the limits listed above, it is a relocation. A parent who seeks to relocate must provide 60 days written notice to the other parent. The notice of relocation is required to contain the moving date, the new address, and how long they believe the relocation will last. If the other parent agrees with the parent seeking the relocation and signs the notice, then the child may move without the court's approval.
When Is Court Approval Necessary?
If court approval is necessary for relocation and the other parent refuses to sign the notice, the parent seeking relocation may need to receive permission from the court. A court considers what is in the ultimate best interest of the child. They will consider a few things when deciding what would be best:
Reasons for the move
Why the other parent disagrees with the relocation
The child's relationship with each parent
The educational opportunities at each location
How the relocation would impact the child
What the child wants
If the relationship between the child and non-moving parent will be impaired
Any other factors that may impact the child negatively
If the parent wanting to relocate with their child is unable to comply with the necessary steps when creating their notice, the court may consider this a negative factor in this decision.
Contact a Wheaton, IL Child Relocation Divorce Lawyer
If you are concerned about the relocation of your child, contact a DuPage County family law attorney at Andrew Cores Family Law Group. We want to help you look after your child’s best interests, and with our help, we can lead you through this process. Call us at 630-871-1002 for a free consultation today.