After a divorce with children, moving gets more complicated
Life goes on after divorce. There are many reasons you might want to relocate: to pursue a job opportunity, to be closer to family, to find more affordable housing, and so on. However, if you have primary custody or the majority of parenting time with a child and want to relocate with them, the process becomes more complicated.
You generally can relocate with a child after a divorce in Illinois, but you have to follow a specific legal process to do so. If you are considering a move and are not sure how it will interact with your child custody plan—or if you don’t have primary custody of your child and the other parent wants to move away with the child—give us a call or contact us online to speak with an experienced family law attorney.
The rules for relocating with a child after a divorce in Illinois
In Illinois, the Illinois Marriage and Dissolution of Marriage Act governs relocation with a child after divorce. Under the Act, the custodial parent must get court approval if they want to move more than a certain distance away from their current residence within the state—either 25 or 50 miles, depending on which part of the state you’re in. The parent must also get court approval for any out-of-state move, regardless of the geographic distance.
The custodial parent must first give at least 60 days’ notice to the other parent. The notice must include the intended moving date, the new address, and the duration of the move (whether it is permanent or temporary). The other parent can give consent to the move by signing the notice, and then the relocating parent must file the notice with the family court.
What factors will the court consider?
If the other parent consents, then the court will very likely approve the relocation with the child, although the court can still deny the relocation if it is not in the best interest of the child. If the other parent objects, though, then the court must decide whether the move is in the best interests of the child. Some of the factors the court may take into account include:
- Why the non-relocating parent objects to the move.
- Why the relocating parent wants to move.
- How far away the new address is located.
- How the child’s relationships with their parents will be affected by the move, and whether the non-relocating parent will still be able to have significant parenting time.
- Whether there are extended family members in or near the new address.
- The educational opportunities, activities, and so on available in the new town.
- Depending on the child’s age, the preferences of the child.
As with nearly all family court decisions, there is no hard-and-fast rule that the court must follow. The judge has a great deal of discretion to determine what is in the best interest of the child. That’s why it’s important to have an attorney who knows the law, knows the courts, and is prepared to advocate for your interests.
If you are dealing with a relocation after divorce, we can help
Whether you are planning to relocate or contesting your former spouse’s relocation, an experienced family law attorney can guide you through the legal process. Give us a call or contact us online to speak with an experienced divorce attorney at Courtney Clark Law, P.C., in Illinois.
"Mr. Courtney took care of my concerns during a time I was at my lowest and in a very foggy state." – Michelle J., ⭐⭐⭐⭐⭐