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After 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.
The written notice should include your moving date and your new address. It should also explain whether the move is permanent or temporary. For example, if you are in the military, you may only wish to relocate with your child for the duration of your job at a certain base.
Once the parent who is not moving receives the notice, they have two options. If they approve the move, they can simply sign the document and return it. Contesting the document is also an option if they have an issue with the move.
The court will either make an adjustment to your parenting plan or disapprove your proposal to move if they believe it is not in your child’s best interests. While the court cannot stop you from moving, they can prevent you from taking your child with you.
Proving a Move Is in The Best Interests of the Child
It is important to understand that the court will determine what is in the best interests of the child when looking at a relocation notice. The child’s relationship with both parents as well as whether the parent who is not moving will all play a role in their decision.
In the past, a parent would have to seek court permission to move across state lines, even if they were moving to a new city that was only a few miles away. Under the new law, however, they have to ask for court permission to move with their child across state borders if their new home is within 25 miles of the child’s current home.
Consult an Experienced DuPage County Divorce Lawyer
If you have further questions related to relocating with your child after divorce or are in need of skilled legal representation for your divorce case, contact our DuPage County family law lawyers. Call us at 630-920-8855 today.