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Can I Relocate With My Children After My Divorce?

 Posted on February 08,2022 in Child Custody & Allocation of Parental Responsibility

St. Charles parental relocation lawyerThere are many lifestyle changes that occur following a divorce — a new house, new relationships and, potentially, a new city. Relocating after a divorce can be the fresh start that many people need after dealing with the emotional and financial stress of a marriage dissolution. However, in the state of Illinois, relocation after a divorce may be difficult if there are children involved. There are many rules regarding the distance and timeline of a relocation with children that all depend on your divorce agreement. 

How Do I Relocate?

The process to relocate with children following a divorce comes in a few steps. The first step is to determine where you want to move and how long you intend to live there. In the state of Illinois, the duration of the move (permanent or temporary) is required to be disclosed to the court. The moving spouse must write a written intent to move and submit it to the court at least 60 days prior to the move. 

The factors that the court considers when deciding if the parent can relocate with the children include:

  • If the move is in good faith and if there is a legitimate reason to move 
  • The history and quality of each parent’s relationship with one another and the children
  • The amount of responsibility and parenting time awarded to each parent
  • Whether there is extended family in the new location 
  • The educational opportunities for the children in the new location
  • How the court can divide parental responsibilities with new physical distance
  • The effect the move may have on the non-relocating parent and children

If the relocating parent moves 25 miles or less from the current residence, even if the relocation is out of the state of Illinois, Illinois will still be considered the residing home state of the children. However, if the move is 25 miles or more, the process may be more difficult and must remain in compliance with the state’s provisions. 

My Ex-Spouse Does Not Want Me to Move With the Kids

The non-relocating parent can contest their ex-spouse moving with children if he or she feels that it is unreasonable or may impair the relationship he or she would have with the children. The contesting parent may choose not to sign the agreement for relocation or refuse to agree on a new parenting plan. In this scenario, the relocating parent would have to file a petition in court. This process is not only time-consuming, which may impede the potential moving plans, but it can be difficult to navigate. It is in the best interest of each spouse to hire an experienced family attorney who is skilled in the process of filing a petition and defending the spouse’s rights. 

Hire a Kane County Divorce Lawyer 

If you are planning to move to a new city with your children after a divorce, it would be in your best interest to speak with a family attorney in Kane County. At Weiler & Associates, Inc., our team has experience relocating families and dealing with issues that may arise during the process. To schedule a consultation, call us at 630-331-9110 today. 



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