Tag Archives: moving after divorce

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 lawyerAfter a divorce, one or both spouses may wish to relocate. Whether they do so because they landed a new job, would like to be closer to their side of the family, or simply want a fresh start, it is important to take their child’s best interests in consideration. Let’s take a closer look at what to do if you are planning on relocating with your child after divorce.

A Written Notice

If you are interested in relocating with your child, you must provide the other parent with a written notice. If possible, the notice should be given to them at least 60 days before you plan to move. In the event 60 days is not an option, as soon as possible will do.

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