Tips for Relocating With Your Child After an Illinois Divorce

 Posted on April 06, 2020 in Child Custody

There is no denying that a divorce can be challenging even if both spouses mutually agree it is for the best. The decision to end a marriage may be especially difficult if a couple has a child together. In many cases, both parents want to spend as much time with their child as possible and it is one of the reasons they often put off filing for divorce. Every state has laws governing divorce and child-related issues, and Illinois is no exception. The allocation of parental responsibilities (child custody) and parenting time (visitation) must be determined before a divorce is finalized. It is possible for the custodial parent to relocate, so it is crucial to know the rights each parent has under Illinois divorce laws.

Illinois Divorce Laws

Under the Illinois Marriage and Dissolution of Marriage Act, one parent is typically awarded the majority of the parental responsibility for his or her child in a divorce. According to a new statute that was enacted in 2016, that parent must give the other parent 60 days written notice if he or she wishes to relocate with the child. Several important details must be included within that notification, such as: 

• Date of the planned move
• New address
• Length of time if the relocation is temporary

The parent is permitted to move with his or her child within the state according to certain guidelines. A move beyond the mileage restrictions or out of Illinois requires permission from the other parent unless the court allows it. If the other parent objects to the move, the court may still permit the move if it is considered to be in the child’s best interest.

These are the stipulations for a parental relocation in an Illinois divorce: 

• A parent residing in Cook, DuPage, Kane, Lake, McHenry, and Will Counties may move within Illinois up to 25 miles from the child’s current residence.
• A parent outside of those counties may move the child to a new home up to 50 miles away as long as it is still in Illinois.
• A parent may relocate to a different state, but only up to 25 miles from the child’s current home.

Helpful Hints for Adjusting to a Relocation

Moving from a town you have lived in for years is a major life event that requires a period of adjustment. Be prepared for your child to process this transition in his or her own way. Although you may be excited for this change of scenery, your child may be sad, angry, or resentful at you for uprooting the family. Here is some practical advice for easing into your new home life:

• Allow your child to share his or her feelings, even if they are negative.
• Be patient and understand that your child may have mood swings. 
• Encourage your child to communicate with his or her other parent to maintain their relationship.
• Be open and honest with your ex-spouse about parenting time schedule changes.
• Seek therapy or counseling 

Contact a Kane County Parent Relocation Attorney

A divorce often means a fresh start for everyone involved. In some cases, one parent may move due to a job change or to be closer to extended family. Whether you are the parent who is relocating or you are concerned about your parenting time, it is important to retain legal representation during the proceedings. The knowledgeable and compassionate St. Charles divorce lawyers at Weiler & Associates, Inc. understand the complex matters that come with any divorce. We will ensure that your rights are protected throughout the process. Call our office today at 630-331-9110 to schedule your private consultation

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K609.2

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

https://www.huffpost.com/entry/moving-after-divorce_b_4460105