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How Can I Get My Parental Relocation Approved in Illinois?

 Posted on October 29,2020 in Child Custody & Allocation of Parental Responsibility

St. Charles child custody attorney parental relocation

Moving to a new location after your divorce can help to give you a fresh start, especially if you are pursuing a new opportunity for yourself or your children. However, in Illinois, many parental relocations require court approval to ensure that the best interests of your children and their relationship with their other parent are protected. If you are planning a move, you should make sure you know whether legal action is necessary, and consider how you can help the process go smoothly.

When Does Relocation Require Approval?

The reality is that after a divorce, one or both parents will have to find a new residence, and in many cases, these moves require no special approval. However, in Illinois, the distance of the move can make a significant difference. Specifically, state law requires approval for the following:

  • Relocation of more than 25 miles from your children’s current primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will Counties

  • Relocation of more than 50 miles from your children’s current primary residence in any other Illinois county

  • Relocation to a different state of more than 25 miles from your children’s current primary residence anywhere in Illinois

Making the Relocation Approval Process Easier

Just because your move requires court approval, that does not mean it has to be a battle. Here are some suggestions that may help to make approval more likely:

  • Discuss your move with your ex-spouse: Illinois requires that you provide your children’s other parent with written notice of your intent to move, but if you have a civil, functional relationship with your ex-spouse, it may be best to raise the subject in person. If your ex understands the reason for your move and how it can benefit your children, he or she may be more likely to agree, allowing you to avoid further court involvement.

  • Work out an updated parenting plan: If your ex agrees to the relocation, you can also cooperate to create a new parenting agreement that outlines how parenting time and transportation between households will work after the relocation. You can then present this agreement to the court for approval.

  • Talk things over with your kids: Your children’s best interests should always be an important consideration, both from a personal and legal perspective. If you listen to your children’s concerns and make every effort to ensure the move will not affect them negatively, you may have a better chance of approval if the court has to make a decision, as well as a stronger relationship with your children in the future.

Contact a St. Charles Family Law Attorney

Whether your relocation can be resolved through an agreement with your ex, or you need to prepare for a court hearing to make your case for approval, the attorneys at Weiler & Associates, Inc. can help you achieve your goals. Our priority is to stand up for the well-being of you and your children in any type of family law matter. Call our compassionate Kane County family lawyers at 630-331-9110 today to schedule your confidential consultation.


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