Moving to a New Residence When You Share Kids With an Ex

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Moving to a New Residence When You Share Kids With an Ex

If you are divorced or unmarried and share children with your ex, you are probably familiar with the common issues faced by co-parents. Raising a child in two homes comes with its fair share of challenges and obstacles. You may struggle with parenting disagreements, logistical issues with transporting children, or different opinions about how your child should be raised.

Another issue which frequently arises in co-parenting situations is moving or relocating to a new residence. If you or your child’s other parent plan to move soon, you may have many questions. Does the other parent need your consent to move with your child? Is the court involved in child relocations?

Moving Versus Relocation

The first thing you need to determine to understand your rights and responsibilities when moving is whether the move counts as a “relocation.” If the moving parent is in Kane County, DuPage County, Cook County, McHenry County, Lake County, or Will County, any move of more than 25 miles counts as a relocation. If the parent is in an Illinois county not listed above, a move of more than 50 miles is considered a relocation. A move is also considered a relocation if the new residence is outside the state of Illinois and more than 25 miles away.

Special Rules for Child Relocations

Moves that meet the criteria for relocations must follow a specific set of rules and requirements. Parents must provide at least 60 days’ notice of the relocation to the other parent. The notice will list the moving date, the new home’s address, and whether the relocation is temporary or permanent. If the non-moving parent agrees with the relocation, he or she signs the notice, and the notice is filed with the court clerk.

If the non-moving parent does not consent to the relocation and does not sign the notice, the parent wishing to relocate will need the court’s permission. The parent will file a petition with the court and attend a hearing. The court will evaluate the situation and use Illinois law’s “best interest” factors to decide if the relocation is in the child’s best interests. The court will consider the reasons for the relocation, the reasons the other parent opposes the relocation, how the relocation will affect the child, and other factors. If the court believes that the relocation is in the child’s best interests, the court will permit the relocation. The court will deny the relocation request if the move is not in the child’s best interest.

Source: https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm

Contact a Schaumburg Child Relocation Lawyer For Help

If you want to learn more about your rights and responsibilities regarding a child relocation, contact the Palatine divorce lawyers at Reifman Law Offices. Call 847-229-8433 for a complimentary consultation.

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