An Explanation of Illinois Relocation Laws

 Posted on February 12, 2019 in Child Custody

In many homes, a family may move away from relatives and friends to follow the course of one spouse's career. If, however, the marriage comes to an end, it is only natural that at least part of the family will wish to return home. Or, in another situation, a divorced parent may find another job that removes them from the location of their original family home. Circumstances change continuously, and there are laws designed to help determine the appropriate course of action for families who find themselves in relocation situations. Illinois relocation laws say:

Advanced Notice

When a parent chooses to relocate with a child, they must provide advance written notice to the other parent. This notice must include:

• The intended moving date;
• The intended new address;
• Whether the move is permanent, and if not, it must consist of the length of stay; and
• The notice must be given at least 60 days in advance, or as soon as the note becomes practical.

Is Notice Always Required?

Parental notice is not always required unless it includes a drastic change to the life of the child. Written notice becomes necessary if the moving parent is the one with whom the child resides most of the time, or if both parents share an equal amount of parenting time. Other considerations include:

• If the child would be moving more than 25 miles of a home in Cook, DuPage, Kane, Lake, McHenry, or Will County;
• If the child will be relocating more than 50 miles away from their home in any other county; or
• If the new residence is in a new state more than 25 miles away from the current home.

A Parent’s Choice

The notice recipient must then decide what to do with the information. If they choose to allow the child to move, the parent can sign the document, and the moving parent can file it with the court. If, however, the non-moving parent objects to the relocation or does not sign the form, the moving parent then must complete a petition with the court requesting permission for the relocation.

A Lawyer Can Help

If you are considering relocation or you have a question about objecting to a pending move, it is vital to contact an experienced DuPage County parental relocation attorney. At Goostree Law Group, we understand that circumstances change requiring that a family relocate from the area. Let us help guide you through this transition and protect your rights along the way. Contact our office today at 630-364-4046 to schedule your free initial consultation to discover how we can help.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=8300000&SeqEnd=10000000

http://ilga.gov/legislation/legisnet90/hbgroups/hb/900HB2491LV.html