Can My Ex Stop Me from Relocating with Our Kids?

 Posted on October 25, 2023 in Divorce

When parents go through a divorce, they need to reach agreements on several different issues that can affect their family. Even if the divorce is not contentious and the two sides can come to an amicable settlement, the parenting plan that they formulate will naturally be based on their circumstances at the time of the divorce. As often happens in life, sometimes unexpected changes can happen to a divorced parent, and these can make it challenging to adhere to the original parenting plan. If changes in your life have you considering changes to your parenting plan, an experienced DuPage County, IL divorce lawyer can explain what rights you have under Illinois law.

What Is the Law in Illinois about Parental Relocation?

Typical changes that people go through in life can complicate matters for divorced parents. For example, if your Illinois divorce settlement includes the fact that you will be paying child support, but then years later, you lose your job, you would likely find it difficult to continue making the payments you originally agreed to. If the parenting plan that you agreed to includes certain times when your children sleep in your respective homes and then your ex starts to seriously date someone who sleeps over, you may no longer feel comfortable with your children sleeping there, too. Another life change that can complicate matters for divorced parents is relocation.

Parental relocation can impact both divorced parents and children in numerous ways. It could affect the ease with which parents transport their children to one another, it can require that the children change schools, and if the relocation is far enough, it might mean that the entire custody arrangement would need to be reconsidered.

Any parental relocation needs to be approved by the court. This is not a complicated matter when the parents agree to it, and it is considered to be in the child’s best interest. If one parent does not agree, however, the process is more complicated. Regardless of any disagreement between the parents about the relocation, if the court believes it would not be in the child’s best interest, it can deny the relocation request.

The court will review what each parent wants, what the child wants, how old the child is, the reason for the relocation, how it would affect the child’s relationship with their extended family, and other factors before making a decision.

Schedule a Free Consultation with a Wheaton, IL Parental Relocation Attorney

If you are considering relocating, but your ex is fighting it, you will likely need to resolve this matter in court. An experienced DuPage County, IL divorce lawyer can arm you with the knowledge you need about your parental rights and advocate aggressively on your behalf. Call Goostree Law Group at 630-364-4046 to schedule a free consultation so we can start the process of protecting your parental rights.