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Even 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.
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:
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.
According to Illinois law, before relocating with a child, the parent that has custody must notify the other parent within 60 days of the move. They must also tell the non-custodial parent the date of the move, and the address they are moving to. However, that is not enough.
Any time there is a substantial change of circumstances, it could also mean a significant change in child custody or child support. The divorce statute in the state specifically states relocating as a significant change in circumstances. As such, the courts may decide to completely review, and possibly change, these orders that were part of the initial divorce.
If you or your spouse is thinking about relocating with your child, it is important to understand that it has serious implications for your divorce. To ensure these changes impact you as little as possible, you need to speak to a skilled Hinsdale family lawyer as soon as possible. An attorney will ensure you understand your rights, and how a relocation may affect the terms of your divorce. If you or your spouse is considering relocating after your divorce, call the Law Office of Martoccio & Martoccio today at 630-920-8855 to schedule your free consultation with one of our attorneys.