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DuPage County parenting plan attorneysDuring the divorce process, parents have many important decisions to make regarding their children, especially when it comes to their living arrangements. Perhaps the most notable decision is how parenting time will be allocated between the two parents, but there are other important details to figure out as well. Some of these include how parents will handle transportation between homes, as well as traveling with their children.

Including Transportation Provisions in Your Parenting Plan

In Illinois, transportation arrangements for the children between the two parents’ homes are part of the minimum requirements to be included in a parenting plan. While such transportation may require a relatively small time commitment, thoughtful arrangements are crucial in order to ensure smooth exchanges and avoid encroaching on the other parent’s scheduled time. 

One of the most important questions to address is who will be responsible for transporting the children. For example, your plan could state that each parent is responsible for managing transportation at either the beginning or the end of each of their parenting time periods, or that one parent with reliable transportation is responsible for all exchanges. If there has been a history of conflict between you and your former spouse, it may be best for a trusted third party to supervise or manage the children’s transportation. You should also address the location where exchanges should occur. For example, will each parent pick up or drop off the children at the other parent’s home? Or, is it better to plan exchanges at a neutral location such as your children’s school or a point in between each parents’ residences? 

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DuPage County family law attorneysUnless you are granted your marital home as part of the division of property, you will likely need to find a new place to live either during the divorce process or after your divorce is finalized. Moving to a new home is stressful at any point in your life, but along with all the other stress of a divorce, it can be even more overwhelming. However, you can make the transition easier by taking the time to prepare.

Considerations When Moving After Divorce 

Thinking carefully about where you will move and how you will handle the moving process can lead to greater satisfaction with your decision and less stress for you and your family in the future. Some important things to consider include:

  • How much you can afford. If you are moving during the divorce process, it may be best to explore temporary options until you have a better idea of the likely outcome. Once your divorce is finalized, you should determine where your assets, income, and expenses stand to decide how much you can afford to buy or rent, and whether you need to make a plan to save for a home that meets your needs.
  • How the move will affect your children. If you expect to have a significant share of parenting time after your divorce, you should also consider how a new home will meet your children’s needs. Think about the location in relation to their school and their other parent’s home, as well as the space they will need to feel comfortable.
  • Whether you need legal permission. A move within a short distance is usually acceptable from a legal perspective, but if you are allocated parenting time and you plan to relocate a longer distance away from your children’s current home, you will need to obtain permission from the other parent and/or the court. Under Illinois law, this distance is more than 25 miles from a home in Cook, DuPage, and some surrounding counties, more than 50 miles from a home in other Illinois counties, and more than 25 miles to a location outside of Illinois.

A major relocation will also likely require special considerations in your parenting plan to account for transportation between homes and an alternative parenting time schedule. It can also make it more difficult for your children to adjust, so you should be prepared to talk to them about the move, listen to their concerns, and make every effort to maintain a close relationship despite the increased distance.

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DuPage County family law attorneys, relocation of a childCircumstances may change for parents of minor children after a divorce, and the terms of your parental responsibilities and parenting time may have to adjust along with them. In a common scenario, your former spouse may want to relocate your child from his or her normal residence for different reasons.

No matter what the justification for moving, you do have rights under Illinois law regarding relocation. The child’s best interests are always paramount, but it is possible to defeat your ex-spouse’s removal efforts before, during, or afterwards. Always discuss your specific situation with an Illinois divorce lawyer. Consider the following information to help you understand the process.

Location of Relocation

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Posted on in Divorce

child relocationAre you planning a trip with your child that would take you beyond state lines? If you are separated from your child’s parent, and you have a custody agreement, there are a few steps that you must take before you can depart.

First, you are obligated under Illinois family law to inform the other parent any time you travel out of the state with your child. You should share information about the length of the trip, where you will be staying, and how you can be contacted.

If the other parent is notified and agrees, you may take your child out-of-state for a short trip or vacation. However, if they do not agree, you would have to get permission from a judge, called an Order of Removal.

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Posted on in Divorce

child custody, relocation, children of divorce, child of divorce, Illinois divorce lawThe dissolution of a marriage can bring with it a number of significant life changes. After divorce, one of the spouses may wish to relocate in order to get a fresh start. Normally, this would not pose a problem, but for an ex-spouse with children, it may not be as easy. Depending on what their child custody plan provides for, a parent may have to follow certain requirements set by law in Illinois in order to permanently or temporarily remove their children from a certain jurisdiction. Parent’s Rights In general, custody plans designate one parent as custodial and the other as non-custodial, even if both parents share time with the children. In fact, the custody plan itself may speak to the issue of removing or relocating the children out of state. Otherwise, Illinois law states that a custodial parent is able to relocate, either permanently or temporarily, with their children as long as they provide the non-custodial parent with advance and sufficient notice of their plans. The non-custodial parent may agree with the move; in that case, the parents may be able to reach an agreement outside of court. If the non-custodial parent is against the move, the custodial parent must ask the court’s permission to relocate. It is important to note that according to Illinois law, a custodial parent does not need a court order to relocate with their children within the state. As long as the move will not affect the non-custodial parent’s visitation schedule, a relocation should be allowed without court involvement or a change to the terms of the custody plan. Illinois Law on Out of State Removal In situations where the parents do not agree about relocation, the law provides protection of a non-custodial parent’s right to have regular visits with their children. In order to procure an order from the court allowing a parent to remove their minor children outside the state of Illinois, certain standards must be met. A custodial parent seeking the court’s permission to relocate must prove that removal is in the child’s best interests, and also must demonstrate an important reason for the move. Important reasons may include a new job prospect or access to certain necessary services that are only available outside the state, such as specific medical treatment. In considering whether the move is in the child’s best interests, the court will consider the following factors, among others:

  • Whether the move will enhance the quality of life for the parent and child;
  • The motives of the parent seeking to relocate;
  • The motives of the non-custodial parent in opposing the move;
  • The custody schedule currently in place;
  • If a realistic visitation schedule can be followed if the move is allowed;
  • The effect the move will have on the non-custodial parent’s visitation;
  • Any potential harm to the child if the move affects the child’s relationship with the non-custodial parent;
  • If it is impossible to reach a reasonable visitation schedule; and
  • The overall effect of the non-custodial parent not participating in the child’s life on a daily basis.

Child Custody Attorney If you are considering relocating with your children, or have been served with a relocation request as a non-custodial parent, it is important to seek help from an experienced professional. Contact the family law attorneys at Davi Law Group, LLC today for a consultation. We serve clients in DuPage, Cook, Will, Kane and Kendall Counties.

LucyAfter a divorce, often times parents continue to live very close to one another so that they can both be near their child and remain active in the child's life. Sometimes, however, a parent may choose to relocate, whether it is to be near family, for a new job, or for another reason. If the custodial parent wants to relocate and take the child with him or her, they must follow state custody laws and any custody agreements that have been set up for the child. According to Illinois law, a custodial parent has the right to relocate the child after a divorce. There may be restrictions specified in the custodial rights that were laid out in the custody agreement, however. Even with the power to move the child to another state, the custodial parent must provide the noncustodial parent with advance notice and details for all travel or relocation plans. If, after receiving notice of the relocation, the noncustodial parent does not want the child to be relocated, the custodial parent can apply for an "Order of Removal" from the court. If the custodial parent can prove that relocation will be in the best interests of the child, the order may be granted. The law does not favor moving a child away from either of their parents, and electronic communication is not considered a substitute for spending time together. Parents may disagree on whether a custodial parent may relocate with a child after the divorce, regardless of the custody arrangement. In order to receive the court order, the custodial parent must prove to the court that the relocation is in the best interest of the child. The court will consider the child's needs and the impact that the relocation will have on the child’s life. The parent seeking the relocation must also state a significant reason for the relocation, such as a job or need for access to medical treatments outside state lines. Another possibility is relocation within the state, which is allowed without the tedious process required by out-of-state relocation. Parents should still review custody terms laid out in the divorce. If the relocation within the state will affect the noncustodial parent's visitation rights, it is best to consult an attorney. If you wish to relocate your child out of state, or their other parent is attempting to do so, contact a family law attorney to assist you. Attorneys from the Davi Law Group can help you get your child where they need to be.
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