When parents with children go through a divorce, the final divorce decree or judgement will specify the allocation of parental responsibility and parenting time schedules and once finalized, this agreement is to remain in effect unless changing circumstances require a modification to the agreement.  These agreements can be modified if the change can be shown to be in the best interest of the children.

One of the main modification requests made by divorced parents is to modify the agreement so they can move to a new home with their child.  Moving a child to a new home and community can affect the time spent with the other parent which in some cases can lead to conflict.  Under Illinois law, a parent can relocate with a child as long as it can be shown that the move is in the child’s best interest.

At Allen Gabe our child custody attorneys can help parents resolve disputes regarding child relocation in Schaumburg, IL and the surrounding areas.  We will work in the best interests of your children and help you present your case for relocation and how it will benefit your children.  We can also represent parents disputing the relocation.

Illinois Law for Child Relocation

It is permitted under Illinois law for parents who share equal parenting time or have been allocated the majority of parenting time to seek a relocation with their child.  Illinois law defines relocation as one of the following:

• Moving more than 25 miles from a residence in Cook, DuPage, Kane, Lake, Will, or McHenry County to a new Illinois residence.
• Moving more than 50 miles from an Illinois residence outside these counties to a new Illinois residence.
• Moving more than 25 miles from an Illinois residence to a residence in a new state.

The parent who wants to relocate must provide the other parent with a written notice at least 60 days before the relocation that expresses their intent to move and includes when and where they will relocate.  A notice must also be filed with the circuit court where their divorce was finalized or is still pending.  This notice must include the date of the relocation, the address for the new residence, and for temporary moves, the dates they will be living at the new residence.

The court will approve the relocation if the other parent agrees as they will take this as a sign that the move is in the child’s best interest.  The parenting plan will then be adjusted to account for the relocation.  If the other parent objects to the relocation, then the relocating parent must file a petition to the court that asks for approval for the relocation and explains why the relocation is in the best interests of their children.

The top priority of the court is to determine the best interests of the child and protect them when making a decision on a relocation request.  Under Illinois law, the court must consider the following factors when determining if the relocation is in the best interest of the children:

• Why the parent wants to relocate
• Why the other parent objects to the relocation
• The wishes of the children concerning the relocation
• The current and past relationship of each parent with the child and whether each parent has followed the parental responsibility and parenting time they have been allocated in the parenting agreement.
• The impact of the relocation on the child, including their relationship with their parents and extended family and educational opportunities

Call Our Child Relocation Lawyers in Schaumburg, IL

Our attorneys at Allen Gabe can represent parents who plan to relocate with their children as well as parents objecting to a relocation.  We have years of experience resolving these types of disputes and we will protect your rights as well as the best interests of your children.

Call our attorneys at Allen Gabe at 847-303-9780 for legal representation for child relocation in Schaumburg, IL and the surrounding areas.

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