Relocation
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Relocation
Illinois Relocation Lawyer
Assisting With Changes in Location
Life after a divorce or separation often brings new opportunities, which may include moving to a new home. When you share children with an ex-partner, however, moving is not always a simple process. Illinois law has specific rules for when one parent wants to relocate with their child, and understanding these laws is essential to protect your parental rights and prioritize your child’s well-being.
At Reifman Law Offices, we recognize that relocation matters can be sensitive and are often emotionally charged. We are here to provide clear, compassionate guidance to help you through this sometimes complex process, whether you are seeking to move or responding to a relocation request from your child’s other parent.
When is a Move a Relocation in Illinois?
Not every move is considered a legal “relocation” that requires court involvement. According to Illinois law, a move qualifies as a relocation based on the distance from the child’s current primary home.
- For residents of Cook, DuPage, Kane, Lake, McHenry, or Will counties: A move to a new residence within Illinois that is more than 25 miles away is a relocation.
- For residents of any other Illinois county: A move to a new residence within Illinois that is more than 50 miles away is considered relocating.
- For any parent moving out of state: A move to a new residence that is outside of Illinois and more than 25 miles away counts as relocating.
If your planned move does not meet one of these distance requirements, you can typically move without needing the other parent’s permission or a court order, though you should always ensure the move does not disrupt your existing parenting plan.
The Legal Process for Relocation
If your move qualifies as a relocation, you must follow a specific legal process. This process is designed to ensure that the move is in the child’s best interests and that both parents’ rights are respected.
- Provide Written Notice: The relocating parent must provide the other parent with written notice of the intended move at least 60 days beforehand. This notice must include the planned moving date, the new home address, and the duration of the move if it is not permanent. A copy must also be filed with the court.
- Obtain Consent: If the non-relocating parent agrees to the move, they can sign the notice. Once this signed notice is filed with the court, the relocation is approved.
- File a Petition if There Is No Agreement: If the other parent objects to the notice or does not sign it, you cannot move with the child. Instead, you must file a petition with the court seeking permission to relocate. The court will then schedule a hearing to decide the matter.
How Courts Decide on Relocation Requests
When a judge reviews a relocation request, their decision is based on the child’s best interests. Illinois statutes provide several factors for the court to consider, including:
- The reasons for the proposed relocation.
- The reasons for the other parent’s objections.
- The quality of each parent’s relationship with the child.
- The educational opportunities available for the child at both locations.
- The presence of extended family in both locations.
- Whether a reasonable parenting time schedule can be created if the move is allowed.
The court will carefully weigh these and other relevant factors to determine if the benefits of the move for the child outweigh the potential disruption to their life and relationship with the non-moving parent.
Contact a Schaumburg Relocation Lawyer for Assistance
Whether you are planning a move or wish to contest one, having an experienced lawyer by your side is crucial. Reifman Law Offices provides the legal guidance you need to navigate child relocations with confidence and work toward a resolution that protects your child’s happiness. Please contact us to discuss your situation or call 847-229-8433 for a free and confidential consultation. We serve clients in Schaumburg, Palatine, Arlington Heights, Rolling Meadows, Hoffman Estates, and the surrounding communities.
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