Can I Stop My Ex-Spouse From Relocating With My Child in Illinois?

 Posted on January 27, 2021 in Child Custody

In many divorces, the most contentious issues tend to be those involving the children. Both parents are usually concerned with protecting their rights, and it is not uncommon for parents to disagree on issues such as the allocation of parenting time and decision-making responsibilities. Even after the dust has settled, these disagreements can be dragged up again and get even more heated when one of the parents requests a modification to the parenting plan because of their intention to relocate with the children. If you are opposed to your former spouse’s relocation, you may have options to prevent it from happening.

Prior Notice of Relocation Must Be Provided

If your ex-spouse wants to move from their current residence to a new residence and take your children with them, they are not always able to do so without your permission. In some cases, a parent’s move is considered a relocation, which requires certain prior documentation and notice to the other parent before the relocation can take place. A notice must be provided to you prior to the relocation if the other parent’s new residence will be:

• More than 25 miles away from the child’s current residence in Lake, Will, DuPage, McHenry, Kane, or Cook Counties.

• More than 50 miles away from the child’s current residence in any other Illinois county.

• In another state and more than 25 miles away from the child’s current residence.

Your children’s other parent is required to give you notice of their intended relocation within 60 days of the moving date. At a minimum, the notice should include the new address, the date they intend to relocate, and how long the relocation is expected to last if it is not permanent. If your ex-spouse does not provide you with this notice or they do not provide you this notice within the required time frame, the judge may consider that fact when determining if the relocation is in good faith.

Pleading Your Case Against the Relocation

Once you receive the notice that your ex-spouse intends to relocate with your child, do not sign the notice. Signing the notice would indicate you consent to the relocation. If you object, your ex-spouse will then have to file a petition to relocate with the court, essentially asking the court to override your objection to the relocation. A hearing will be scheduled to take place during which a judge will determine whether or not the relocation is in the child’s best interests. The judge does this by examining a number of factors which can include the reasons your ex-spouse is moving, the reasons you are objecting to the move, the quality of the relationship between both you and your child and your ex-spouse and your child, and whether or not the move could negatively impact either of those relationships.

Contact Our DuPage County Parental Relocation Attorneys

If your child’s other parent expresses a desire to relocate and take your child with them, it can be alarming to hear, but you should not panic. Our knowledgeable team of attorneys here at the Goostree Law Group understand how important it is for a child to have both parents present in his or her life. If you have received notice of your ex-spouse’s intent to relocate with your child, you should immediately get into contact with one of our skilled Wheaton, IL parental relocation lawyers. We offer free consultations; to get started, call our office today at 630-364-4046.

Source:

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