Top Questions About Moving with Kids in Illinois

 Posted on August 25, 2021 in Kane

If you are a divorced or unmarried parent who shares custody (now known as Parental Responsibilities) with your ex, you may have questions about moving. Each state handles child custody issues differently. In Illinois, you may need to complete certain steps and get the court’s permission to move if the move counts as a “relocation” under Illinois family law. The county in which you reside and the distance between your current home and future home impact the steps needed to move with your child. Read on to learn the answers to frequently asked questions about parental relocations in Illinois.

What is the Difference Between Moving and Relocating?

The words “move” and “relocation” are sometimes used interchangeably, however, these terms have different meanings under Illinois child custody law. If you live in Cook County, DuPage County, McHenry County, Kane County, Lake County, or Will County, any move further than 25 miles away is considered a relocation. The move is also a relocation if you move out of the State of Illinois, even if it is less than 25 miles. If you live in an Illinois county not listed above, moving more than 50 miles away is considered a relocation.

Do I Have to Get the Court’s Permission to Relocate?

If the intended move counts as a relocation, you must file a notice of relocation and inform your child’s other parent about the move. If the other parent consents to the relocation, he or she signs the notice and you file the notice with the court. The court will make any necessary modifications needed to your parenting time and parental responsibilities orders. However, if the parent does not consent to the relocation and refuses to sign the notice, you will need to get the court’s permission to move.

What Happens at a Relocation Hearing?

If your child’s other parent disagrees with your intended relocation and you need to get the court’s permission, you will start by filing a petition to relocate with the court. Next, you will attend a hearing during which you will present your arguments for seeking relocation. The court will consider each parent’s relationship with the child, the reasons for the move, whether there is extended family at the new location, and several other factors. The court will only grant the relocation request if finds that the relocation is in the child’s best interests.

Contact a Kane County Child Custody Lawyer

Parents who wish to relocate may need to get the court’s approval. For help with parental relocations and other child custody concerns, contact MKFM Law. Our experienced St. Charles family law attorneys can provide you with the answers you need. Call 630-665-7300 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm