Tag Archives: DuPage County custody lawyer

IL divorce lawyerOne of the hardest parts of divorce is not being able to spend as much time with your child. The situation becomes even more difficult when your former spouse tells you they plan to move out of state and they want to take your child with them. After you receive this notice, you may think there is nothing you can do. Fortunately, that is not true. There are steps you can take that can help keep your children with you.

Notice From Your Former Spouse

If your former spouse makes the decision that they want to move out of state with your child, they must first notify you of the move. The notice they give you must state the date they intend to move, the address of their new home, and how long they intend to remain in the new location. They must deliver the notice to you at least 60 days before they move unless they have a court order that specifies different instructions.

You can sign the notice if you approve of the move and your former spouse will then file the notice with the court. Of course, you do not have to consent to the move. If your spouse moves out of state with the child without your consent, or without sending you notice, it is considered parental kidnapping or child abduction.

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IL divorce lawyerEven after a divorce is finalized, the only constant that seems to remain is change. That is often the case when one spouse wants to relocate and they have child custody. Often, this is met with resistance from the other parent that is worried about how often they will see their child, and if they will be able to continue enjoying the relationship they have with that child. The law recognizes that even though one parent has been awarded custody, the other parent still has rights in this scenario. As such, there are things to know if you want to relocate with your child, or if your spouse wants to.

What Is Relocation?

When considering relocating with a child of divorce, it is important to understand what the legal term relocating means. This is not simply you or your spouse moving across town with the child. Under the law, relocating means:

  • For residents that live in Cook County, DuPage County, Kane County, Lake McHenry County, or Will County, relocating means moving to another residence within the state that is over 25 miles from the current residence of the child. The miles are designated according to an Internet mapping service.
  • For residents that live outside of the above counties, relocating means moving out of the child’s current county and over 50 miles from the child’s current residence, although the child will remain within the state of Illinois.
  • Moving to any residence outside the state of Illinois that is over 25 miles from the child’s current residence.

When this is the case and the parent that has been awarded custody wants to relocate, there are considerations both parents should be aware of.

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