In Illinois, the parent with the majority of parenting time or parents with equal (50/50) parenting time must be very careful to follow certain procedures before moving with a child. It used to be that Illinois law permitted a parent to move anywhere within the State of Illinois. However, that has changed with the passage of a new law, which went into effect in 2016.
A move that is a relatively short distance away is not usually problematic under the current law; however, a move beyond a certain distance requires the parent to follow a specific procedure.
Under Illinois law, a parent is considered to be “relocating” a child if the move is:
The relocating parent must give the other parent at least 60 days’ notice, although shorter notice may be allowed if 60 days is impractical. A copy of the notice must also be filed with the court. The notice must include:
If the non-relocating parent agrees to the relocation, then they can sign the notice, and the parties can cooperate to enter a revised parenting plan with the court. If they do not agree, then the parent must file a proper petition, seeking the court’s permission to relocate. The court will consider the “best interest” of the child when determining whether to allow or deny the relocation. Some of the factors include, but are not limited to:
Many of these factors can be difficult to present to the judge without following the proper rules of evidence, so it is important to work with an attorney to ensure your arguments are considered by the judge. The experienced attorneys at Suburban Law Group, LLC, can help you through this process, so contact us today for a free consultation.
Chris took good care of me during my case, answered all my questions, and wrapped things up in a timely fashion. He gave me peace of mind throughout the process. I was very happy with the results, and recommend him to all of my friends.
He was very informative. Gave detailed and concise answers to my questions. Most importantly, he talked to me and not at me. Something I truly appreciated..
Sarah represented me in modifying a complicated child support/joint parenting agreement. She did an exceptional job and guided me through every step of the process. She is very knowledgeable, dedicated and an excellent person to work with. She always promptly returned my calls/emails same day. She is so personable and…
She is a standout attorney. Attorney Nolan handled our Civil Union Dissolution. She really knows how to satisfy her client's needs. She was a great listener. Her promptness and attention to detail meant everything to our case. She presented options we had not concerned. A plus was her ability to…
Robert Boszko was outstanding ! When starting the divorce process, I went through every possible emotion. Robert, from start to finish was extremely calm, cool, and collected. He is extremely knowledgeable in his profession and truly cares about and wants the absolute best outcome for his client. There were a…
To request a consultation, please fill out all fields, and we will follow up with you momentarily to set up an appointment.