If you’re considering or going through a divorce and have minor children in the home, it’s imperative that you understand your legal limitations and responsibilities in the state of Illinois. If you’re planning to relocate with your child, here are 3 things to know:
1. You should understand the difference between moving and relocating under Illinois family law, and how it can affect your situation. “Changing neighborhoods or moving close by is generally considered a move, not a relocation,” explained Samuel J. Diamond, a divorce attorney with Diamond Divorce Law. “In Illinois, a relocation is defined as moving more than 25 miles from the child’s current primary residence in DuPage, Kane, Lake, McHenry, or Will counties, or more than 50 miles in most other Illinois counties.”
2. Most parenting plans have specific provisions for notice requirements if you are relocating with minor children. “If your ex-spouse is in agreement with the move, you need to make sure that the changes of your parenting plan are put into writing and any applicable parenting agreements or court orders are properly modified”, added Diamond.
3. If your ex-spouse doesn’t agree to the relocation, you need permission from the court in advance. “A petition must be filed, and include detailed relocation plans and why the plans are in the child’s best interest,” said Diamond. “The court may order an evidentiary hearing. It’s critical to have highly experienced legal representation in this situation.”
Relocating without proper court authorization can result in a loss of custody and may even have criminal implications. If the court declines your petition, you’ll be forced to remain where you are. This is why it’s crucial to have an experienced family law attorney fighting on your behalf. Contact the offices of Diamond Divorce Law for help with your relocation.
For more information, please visit https://dlfirm.com/moving-with-a-child-after-an-illinois-divorce/, or https://youtu.be/7C3VIXEa1fs.
Samuel J. Diamond, J.D.
Diamond Divorce Law
(a division of Diamond Legal P.C.)
DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, I always urge you to contact a local attorney for advice pertaining to your specific legal needs.