What Happens if My Ex Objects to My Relocation?

Aurora, IL parental relocation attorneyThere are many reasons why a person may want to move after a divorce. Some may want to be closer to family members, others may move for a new job or simply a fresh start. Whatever the reason, moving can be problematic for a divorced parent who wants to take his or her child with him or her.

In Illinois, moving out of state, moving more than 50 miles away from the current residence within the state, or moving more than 25 miles away if the current residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County is considered relocation, and a parent will be required to obtain permission from the court. If the other parent does not agree to the relocation, a person still may be able to relocate, but the issue will need to be settled within the court system.

Notice of Relocation

Illinois law states that a person wishing to relocate with his or her child must notify the other parent in writing at least 60 days prior to the intended relocation. The notice should inform the other parent of the date of relocation, the new address, and whether or not the relocation is permanent. If the other parent signs the notice, and the notice is filed with the court, then the relocation will be granted, as long as the family court judge believes that the move would be in the child’s best interests. If the other parent objects to the relocation or does not sign the notice, or if the parents cannot come to an agreement on a modified parenting plan, the relocating parent must file a petition to relocate.

Factors Involved in Relocation Requests

If the parents cannot come to their own agreement about a modified parenting plan, the judge will decide whether the plan should be modified and determine the terms of the modified plan. When making decisions regarding the parenting plan, the judge will consider the following factors:

  • The reasons for the relocation

  • The reasons why the other parent is objecting to the relocation

  • The history and quality of each parent’s relationship with the child

  • The wishes of the child, taking into account the child’s age and level of maturity

  • The educational opportunities and involvement of extended family at the current residence and proposed location

  • Whether or not a reasonable allocation of parental responsibilities can be fashioned following the relocation

  • Any other factor the court deems to be relevant

Contact a DuPage County Parental Relocation Lawyer

When one parent wants to relocate with a child, but the other parent does not want that to happen, it can put a great deal of stress on all those involved, especially the child. Whether you are trying to relocate with your child or you are trying to prevent relocation to protect your relationship with your child, the Law Office of Matthew M. Williams, P.C. can help you. Our knowledgeable and compassionate Aurora, IL family law attorney understands how important parent-child bonds are to the successful upbringing of the child. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

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

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