REMOVAL & RELOCATION
Relocation (Removal) in Illinois
Moving After Divorce
There are a host of life events which could cause you to move. Your job is transferring, or you have a better opportunity with a new job out of state. Your fiancé lives in another area, or your own, close-knit family live outside of Illinois. When children are involved and the other parent is firmly rooted in Illinois, your desire to stay as the primary residential parent and have the children move with you is called a relocation case If this is not done by written agreement, your desire to move with your children must be approved by the court.
New Illinois Removal Law
The Illinois law recently changed to make relocation cases, formerly known as removal, more uniform and procedural when seeking to move the children from their current residence. Previously, the Illinois state boundaries were just that. If your job was in Kenosha but you lived in a borderline town, taking your child outside the state of Illinois triggered removal litigation. The new statute takes a more practical view, permitting a parent to move within a 25-mile radius within the Chicago counties of Kane, Will, Cook, Lake, DuPage or McHenry, or within a 50-mile radius in other counties, before relocation and a change in circumstances come into effect. But even with those mile limits, when a parent wants to move to a location which would impact parenting time, proper notice must be given to the other parent within a prescribed period of time, and the other parent must respond.
Removal in Illinois
If there is no agreement to moving, a relocation case must be determined on the best interest of the child. While the statute provides several very broad factors to consider, just as each family is unique, each relocation case has specific facts which may impact a court’s decision. One factor is to determine if the relocating parent is making the request in good faith – is this move to truly better the child’s life, or is it just to frustrate and disrupt the other parent’s time with the child. Another factor is why the remaining parent is objecting to the relocation. A parent without primarily residence with the child may have years of frequent and meaningful parenting time, from coaching a team to holiday celebrations to helping with homework. The relocation will alter that relationship, and the court must hear these details to see what is best for the child, and each parent’s respective parenting time.
Learn More About Your Options
The attorneys of Ciesla Beeler have successfully worked with parents in these difficult relocation cases. Practical advice and in-depth knowledge of relocation law are necessary, and our attorneys provide the right perspective in these matters.
Our attorneys are recognized throughout Illinois and are ready to meet with you to assess your case and provide sound legal strategies to address your situation. Contact us today via email firstname.lastname@example.org or call 847.868.1860 for your free consultation.
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