
Life can go differently than we expect, and after the dust settles from a divorce, you might find yourself contemplating a fresh start in a new location. But when your life is intertwined with another parent’s through shared responsibilities, relocating with your child becomes less a simple packing exercise and more an in-depth legal journey.
In Illinois, the laws regarding relocation exist to safeguard the parent-child bond with both the moving and non-moving parent, as well as to ensure every move aligns with your child’s best interests. Meeting the requirements of this process demands not just careful logistical planning, but the knowledgeable guidance of an experienced legal professional.
Illinois law is specific regarding what constitutes “relocating.” A move is legally considered a relocation if:
If your planned move meets any of these criteria, you must follow a formal legal process to approve it. Attempting to move without following these rules can have serious consequences.
The process begins with providing formal written notice to the other parent. The notice must be given at least 60 days before the intended move, unless it is not practical to do so. The notice must include the date of the intended move, the new address (if known), and the duration of the relocation if it is not permanent. A copy must also be filed with the court.
If the other parent agrees with the move and signs the notice, the process is simple. The signed notice is filed with the court, and the parenting plan is modified accordingly. However, if the other parent objects or does not respond, you must file a formal petition with the court seeking permission to relocate.
If you and the other parent cannot agree, the decision will be left to a judge. The court’s focus will be determining what is in the child’s best interests. To do this, a judge will carefully evaluate several factors, including:
Successfully arguing a relocation case often requires presenting a compelling narrative that addresses each of these factors.
With over 20 years of experience, we at Goodman Law Firm understand the challenges that relocation cases can pose. Whether seeking to move or opposing a relocation, we provide the strategic, compassionate guidance needed to protect your parental rights while prioritizing your child’s well-being.
If you are a co-parent dealing with matters concerning relocation, contact Goodman Law Firm today to schedule a consultation and find the legal support you need.
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