What Divorced or Separated Illinois Parents Should Know About Moving With Children 

 Posted on February 15, 2022 in Family Law

Once you have separated from or divorced your children’s other parent, you would probably like to be free to live your own life. This may include relocating. However, if you have parenting time (physical custody) of your children even part-time, moving may not be as simple as you would like. A number of circumstances may mean that relocating is the right move for your family. Perhaps you were offered a better-paying job elsewhere, or you need to be geographically closer to extended relatives, such as your children’s grandparents. Maybe the area you used to live in with your co-parent simply holds too many bad memories. There are plenty of valid reasons for wanting to move with your children. 

Before you start packing, you may want to speak with a child custody lawyer who can help make sure the court will be alright with your move. There may be legally required steps you need to take first. 

Rules Illinois Parents Should Be Aware of Before Moving With Children

The exact steps you need to take before moving with your children will depend on a number of factors. In some cases, you may need to come to court. In others, you may not. If you are the biological mother and do not have a court case involving your children, you can most likely relocate without taking any further steps as long as your child has resided with you for the last six consecutive months. However, be careful - if the other parent files a case, you will need to come back to handle it. You could be ordered to bring your child back to Illinois. 

For those who do have a case open involving your children, you will need to first determine whether you are moving or relocating. If you are simply moving, you do not need permission from the court, but you do need to alert the other parent. If you are relocating, you probably do need to ask the court. 

In Illinois, “relocation” means moving more than 25 miles away if the child originally lived in Cook, McHenry, DuPage, Lake, Kane, or Will County. If your child’s original home is in a different county, you are relocating if you move more than 50 miles. You are also relocating if you are moving out of the state of Illinois. 

If your move counts as a relocation, your attorney will need to file a Notice of Relocation with the court. A copy must be provided to the other parent. This must happen at least 60 days prior to your intended relocation. Should the other parent approve and sign the notice, the court will simply change your parenting plan to allow the move. If not, you will need to ask the court permission instead. 

You would need to attend a hearing and show the court that this relocation is in your children’s best interest. There are a number of factors the judge will consider. It is best to be represented by counsel during this hearing. 

Call a DuPage County Child Custody Lawyer

If you plan to relocate with your children, Davi Law Group can help you with the process. Our experienced Wheaton child custody attorneys have helped quite a few parents relocate with their kids. Call 630-657-5052 for a free initial consultation. 

Source: https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm#:~:text=Parent's%20relocation.,to%20relocate%20with%20a%20child.&text=child's%20best%20interests.,-(h)%20If%20a