Can I Stop My Ex From Moving Away With the Kids? 

 Posted on November 21, 2022 in Child Custody

When parents divorce, there are many different child custody issues that can lead to conflicts and disagreements. One of the most emotional issues is that of relocation, or when one parent wants to move away with the children. If you and your spouse are having trouble agreeing on whether or not your ex should be allowed to move away with the kids, it’s important to understand what your rights are under Illinois law.

Illinois Parental Relocation Laws

In Illinois, if a parent moves a certain distance away, it may classify as a "relocation." All parental relocations must be approved by the court. If the parents agree to the relocation and the relocation is in the child's best interests, then the process of getting approved is relatively straightforward. However, the process is more complex if one parent contests, or disagrees with, the relocation.

The main question the court will consider when it comes to a proposed relocation is whether the relocation is in the child's best interests.  If the court decides that it is not in the child's best interests, the court can deny permission for the relocation. The court may consider a number of different factors when making this determination, including:

• The wishes of both parents

• The child's wishes

• The age and development of the child

• The quality of relationships between the children and each parent

• The reasons why the relocation is proposed

• The impact the relocation would have on extended family relationships

• The parents' ability to cooperate together and promote a positive parent-child relationship with the other parent

• Prior agreements between the parents

If you and your ex cannot agree on whether or not to allow a relocation, then it may become necessary to go to court. Working with an experienced divorce attorney can help ensure that your rights are protected throughout the process. Your attorney can help you understand the relevant laws and advocate for your position in court. Ultimately, the court will decide whether or not to permit the relocation, so it is important to make sure that you are prepared.

Contact a Wheaton Parental Relocation Lawyer

By understanding Illinois parental relocation laws and working with an experienced attorney, parents can better protect their rights and ensure that decisions about relocations and other custody matters are handled properly. At Goostree Law Group, we understand that child custody issues can be complicated legally and emotionally. We can represent you during relocation matters, child custody disputes, divorce, and other family law matters. Call our DuPage County child custody attorneys today at 630-364-4046 for a free consultation to learn more about how we can help you.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K609.2