Preparing to Move Out of Illinois With Your Child

move, Aurora family law attorneyIn today’s digitally-connected world, it has never been easier to find employment and educational opportunities. Sometimes, of course, these opportunities may be far from your current home. If you are single and have no children, taking a new job in another state could seem like an exciting adventure. If, however, you are a parent who shares parental responsibilities with a former partner, doing so is often much more complex.

Moving Out of State

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains provisions that apply to parents who wish to move out of Illinois with their children when they are subject to a parenting plan or court-issued custody order. If you wish to move out of state and have at least half of the parenting time with your child or more, you must notify the other parent of your intent to move. Notification is not required if your move will be less than 25 miles from your current home.

The Notification Process

According to the IMDMA, you must let the other parent know about your intended move in writing at least 60 days in advance. If 60-days’ notice is not possible, you must notify the other parent as soon as you are reasonably able. The written notification must include:

  • The date of your intended move;
  • Your new address; and
  • Whether the move is permanent, and, if not, how long you will be living in the new location.

The purpose of the notification is to ensure that the other parent has the opportunity to discuss the move with you. If the other parent consents to your move, he or she can sign the notice so that you can file it with the court. If the non-moving parent refuses to sign the notice, you will need to file a formal petition with the court asking for its approval to complete your move.

Your Child’s Best Interests

The court may approve your petition to move out of Illinois with your child, but only if you can show that the move will ultimately serve your child’s best interests. You will also need to demonstrate that you are willing to promote your child’s relationship with the other parent, despite the new distance. In most cases, approving such a move will require the modification of the existing parenting plan since the circumstances will be substantially changing.

Call for Assistance

If you are considering an out-of-state move with your child, it is important to know what the law requires. Contact an experienced family law attorney in Aurora to discuss your options. Call 630-409-8184 for a confidential consultation with a member of our team today.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0

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