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Following your divorce, you may need to relocate—move your children to another state or town. Frequently, remarriage to someone living in another location or the offer of employment for yourself or your new spouse triggers your need to move. But can you?
Before you think about moving your children to another home, or even before you divorce, consider the following advice.
Best Advice: You Need to Plan for the Move.
If you are planning a divorce, and are thinking about moving with your children to another Illinois town or out-of-state, you need to understand the New Illinois Divorce Law, Part VI Allocation of Parental Responsibilities—changes which took effect January 1, 2016.
Relocation of children in Illinois dramatically changed on January 1, 2016, when the Illinois legislature made a major overhaul of Illinois divorce law.
Relocation within Illinois
Prior to the January 1, 2016 changes to Illinois divorce law, you were free to move your children anywhere within Illinois without asking the consent of the other parent or the permission of an Illinois divorce Judge. After January 1, 2016, however, the new law restricts your move.
You will need to consider this major factor—distance matters. How far do you and the children intend to live from your ex-spouse? After divorce, you will need to seek the permission of the other parent due to the January 1, 2016 changes. Distance will be the primary factor in determining if a parent needs the permission of the Court to move. If you and your child live Cook, DuPage, Kane, Lake, McHenry or Will counties, then you can move anywhere within 25 miles of your present home without the permission of the court, even if the move is across state lines.
In all other counties in Illinois, a you can move up to 50 miles without getting prior approval of the court. However, longer distances (25 miles or more) from your current home will require you to file a Petition for Removal. If your ex-spouse agrees, then an order can be entered allowing you to relocate. If your ex-spouse objects, then the Illinois Divorce Judge will hold a hearing (trial) to determine whether the Judge will grant you the right to relocate.
What facts does an Illinois Divorce Judge consider in granted permission for a spouse to move outside of 25 or 50 miles limitations of the New Illinois Divorce law?
An Illinois Divorce Judge must find that your move overall is in the "best interests" your child or children. The Judge must consider the following:
The Court must be persuaded that the overall lifestyle of the child will be improved by the move. The Court will consider whether your ex-spouse had exercised his or her granted parenting time before the move and how the move will affect your ex's ability to have the children after the move. This includes how often your ex-spouse will be with the child(ren).
What can I do in advance to help me be able to move with my children to a new home in Illinois? What if I am planning to remarry or I must find another job making more money after the divorce?
Plan in Advance.
As I have often said in my blogs, advanced planning is more valuable than gold. If you have enough time and plan well, then you have a much better chance of success.
What can I do to stop my spouse from leaving with my children and relocating to a home far from me after the divorce?
If you have questions about moving with a child, or any other issue, then you need to speak with an experienced Hinsdale, IL family law lawyers right away. Please call Martoccio & Martoccio today at 630-920-8855 to schedule your consultation.
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