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Relocation with Children in Illinois

Posted on in Child Custody

DuPage County parental relocation attorneys, relocation with childrenThere are several reasons why an individual may want to move, whether locally or further away—a change in employment, family members who need care-taking, or cheaper costs of living. However, if you live in Illinois and are subject to a parenting plan, meaning that you are separated or divorced from the other parent, there are specific rules regarding when and where you can relocate.

Former Illinois Parental Relocation Law

In the past, the law required parents to obtain court approval to move with their children only if they were moving outside of Illinois. Indeed, parents could move with the child a few miles or across the state without getting the court’s approval. However, if a parent moved across state lines, even if it was just a few miles, they would need to get court approval. Like with most areas of family law, the court used the standard of the “best interests of the child” to decide whether to approve or disapprove the proposed move.

Current Illinois Parental Relocation Law

As of the first of the year, however, the rules around parental relocation changed. Now, parents only need permission to relocate with the child if they are moving 25 miles or more away from the child’s current home, and if the current home is in Cook, DuPage, Kent, Lake, McHenry, or Will County. If the child currently lives in a county other than the ones named, then the parent needs to obtain permission to move 50 or more miles from the current home.

Relocation Permission Process

If the parent who is moving with the child is moving far enough away to require permission, then permission can be granted in a number of different ways. First, the moving parent needs to give written notice to the other parent of the date of relocation and the address. This written notice needs to be given at least 60 days in advance. If the other parent consents to the move, then he or she can sign the notice and the notice will then be filed with the court. If the other parent does not agree, then the parent seeking to move will need to get the approval of the court.

Contact DuPage County Parental Relocation Attorneys to Make Sure You Do Not Run Afoul of the Law

Though it may seem relatively straightforward, it is extremely important that you are in compliance with the law regarding parental relocation. To be sure, you may need to contact an attorney to get court approval, if necessary, or to verify that court approval is not required. Our skilled DuPage County parental relocation attorneys at Davi Law Group, LLC can help you make sure that you follow the necessary court process for permission to relocate.


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