Do Illinois Relocation Laws Apply to Me?

 Posted on April 04, 2016 in Child Custody

After a divorce you may soon find that you would like to move. The reason for the move could be to advance your career or to simply restart your life after the divorce. Making the decision to relocate can become complex if there are children involved—the court requires custodial parents to seek approval for a move.

Recent changes to Illinois family law have attempted to simplify relocation rules and allow parents to relocate without seeking court approval. If you are considering a relocation, then you should understand how these new laws may or may not impact your relocation.

Moves Between 25 and 50 Miles

The idea of seeking approval for every move may seem daunting. However, there is no need to worry. The relocation law does not apply to every move you may want to make. Whether the law applies depends on the child's primary residence and where you may want to move.

• Primary Residence in the Chicago Metropolitan Area: When the child lives within the metropolitan area, the parent only needs to seek court approval to move if the move is more than 25 miles from the child's residence.
• Primary Residence Outside of the Metropolitan Area: When the child lives outside the metropolitan area, then the parent only needs to seek court approval for the move if the move will be more than 50 miles from the child’s residence.

How Do I Get Approval for My Move?

If you are considering a move and the move falls under the law, then you will want to seek court approval for your move. The first step in seeking court approval is to file a notice of intent to relocate with the court. You must file this at least 60 days before your move. You must also provide a copy of this notice to your former spouse. The notice should include critical information such as:

• The date of the move;
• The new address; and
• The status of the move (e.g. temporary or permanent). 

Once the other parent receives, signs, and submits a copy of the notice to the court, then you are free to move. You will not need any additional order or hearing before the court. You should keep a copy of the signed notice in your records.

What if My Former Spouse Does Not Agree to the Relocation?

If your spouse will not agree to the move, the you will have to have a hearing on the issue and allow a court to decide a whether the move is allowed. Using the new law, courts will consider several factors including

• The parent's reason for the move;
• The other parent’s objections to the move; and
• The opportunities/obstacles the move presents the child. 

Let an Attorney Help with Your Relocation

Moving can be necessary after a divorce. If you are considering a move and you are not sure whether the law applies to your move or you have questions about relocation, then you should contact the DuPage County relocation attorneys at Davi Law Group, LLC. We can discuss your move with you and help you determine if the rules apply to you and help you obtain permission from the court. Please contact us today to schedule an appointment.

Source:

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=57&GAID=13&DocTypeID=SB&SessionID=88&GA=99