How to Relocate With a Minor Child
If you are divorced and are thinking of accepting a job offer in another state, you may need to get court approval before relocating there with your children, according to Section 609.2 of the Illinois Marriage And Dissolution Of Marriage Act.
However, if you are the custodial parent, you may not require court approval at all if you find yourself in certain situations:
– If the child’s main residence is in a different country that is within 50 miles or less. However, if you need to cross state lines and the relocation will move you 25 miles from your main residence, you will need court approval.
– If the other parent agrees regarding the relocation and has signed a notice giving his/her consent for it.
The parent intending a location must provide written notice to the other parent. A copy of the notice must be filed with the clerk of the court. It must be provided at least 60 days before relocation. There is a narrow exception for when the minimum 60-days’ notice is “impracticable” but in that event, notice must be given at the “earliest date practicable.”
In cases where the other parent refuses to give consent and sign the notice, or if either of them cannot agree on new terms for their parenting plan, the relocating parent can head to court for permission. In this case, the court will consider the best interests of the child, not the adults, along with the following:
- The reasons and circumstances around the relocation.
- The quality of each parent’s relationship with the child in terms of their responsibilities and how they spent parenting time.
- The location of the extended family i.e. whether they live near the existing residence and the new one.
- Comparison of schools in the existing location and the new one.
- Whether parental responsibilities can be allocated reasonably post relocation.
- The personal preferences of the child.
The courts also expect the relocating parent to notify the non-relocating parent about a move as quickly as possible — preferably as soon as the relocating parent makes the decision to move.
The bottom line is you need to do what is best for the children and yourself. If your case is sound and your ex-spouse refuses to give consent, do not hesitate to hire an attorney.
That is where the Law Office of Fedor Kozlov can prove invaluable. Finding a way through divorce and separation can be a challenge, especially when everyone seems as if they are against you. During this time, a suitable family attorney can help you understand and overcome legal and personal challenges in a timely manner. Besides protecting your family, you can also set the foundation for a better life and finally be happy again. Get in touch with us for a consultation in Schaumburg, IL, today. We are known for providing aggressive advocacy, honest advice and incredible service.