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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Understanding the Rules of Relocation After a Divorce in Illinois

Posted on in Divorce

DuPage County parent child relocation lawyer

It is rather common for people to move after they divorce. Sometimes, they move due to a new job or promotion, other times they move to be closer to family. Whatever the reason, there are certain rules parents must follow when they wish to relocate with their child. Any parent who has been allocated the majority of or equal parenting time can seek to relocate with his or her child, but there are certain procedures that must be followed.

Factors for Relocation

The parent seeking to relocate must provide written notice at least 60 days before the relocation. If the child’s other parent agrees to the relocation, signs the notice, and files it with the clerk of the circuit court, then the relocation will be allowed.

If the child’s other parent does not agree to the relocation, the parent seeking to relocate can request that the relocation be granted anyway. In this case, the court will review a variety of factors to determine whether or not the relocation would be in the child’s best interests. These factors include:

  • The circumstances leading to the parent relocating with the child;

  • The reasons why the other parent objects to the relocation;

  • The history and current status of the relationship between the child and each parent. Specifically, the court will look at whether or not either parent has failed or refused to perform his or her parental responsibilities;

  • The educational opportunities that are currently available to the child and those that would be available at the new residence;

  • The presence or absence of extended family at the current location versus the new location;

  • The anticipated impact the relocation would have on the child;

  • Whether or not an agreeable allocation of parental responsibilities would be possible if the relocation took place;

  • Whether or not the wishes of the child are met, taking into account the child’s age and maturity level;

  • Whether or not a plan could be made to minimize the impairment of either parent-child relationship if the relocation occurred; and

  • Any other factor that the court deems to be relevant to make this decision.

Contact a DuPage County Parental Relocation Attorney

There are many reasons why a parent might want to relocate with their child, but both parents are not always in agreement on the matter. At Wakenight & Associates, P.C., we can help parents seeking to relocate with their child as well as parents who are fighting to keep their child near them. Our team of compassionate Oak Brook, IL parental relocation lawyers understands that the parent-child relationship is extremely important for a child’s growth and development. We have more than 95 years of combined experience helping families settle their disputes. Contact our office today at 630-528-0734 to schedule a free consultation.

Source: 

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

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