Parental Relocation Disputes in Kane County

 Posted on September 06,2022 in Chicago divorce attorney

Divorce can be difficult for any child as they are forced to acclimate to their new family circumstances. Dividing time between each parent's home can entail many challenges. Still, it can be even more traumatic when a parent wishes to uproot the child from the family hometown and away from the other parent. Parental relocation requests can cause chaos and stress, and infringe not only the disputing parent's rights but also the child's. On the other hand, relocating the child can lead to a better quality of life for the child and the parent. Sometimes the child is inclined to move with the petitioning parent for various reasons, like better education opportunities. Other times, the child would instead wish to remain with the parent who contests the move.

The best interest of the child is always the court's utmost concern when evaluating a child's welfare. A divorce attorney, proficient in parental relocation matters, can strategize and help facilitate a relocation petition or contest one.  

Facets of the Illinois Parental Relocation Law

Effective January 1, 2022, an amendment to Section 750 ILCS 603.5 of the Illinois Marriage and Dissolution of Marriage Act stipulates parental relocation is permissible temporarily or until the court makes a final judgment. During the interim, the custody decree's parental responsibilities, including parenting time and decision-making, remain valid and unchanged. The temporary relocation decree benefits the petitioner as it eliminates delay and allows a trial run regarding how the child and disputing parent adapt to the relocation. A parent awarded at least 50 percent parenting time is not required to petition the court to relocate as long as the distance adheres to the following criteria. 

• In-state - Relocation cannot exceed a 50-mile home radius from any county in Illinois.

• Out-of-state - Relocation cannot exceed a radius of 25 miles from any county in Illinois. 

Seven Parental Relocation Issues the Court Evaluates

1. Child's preference 

2. Access to immediate relatives

3. School system

4. Reason to relocate

5. Employment advances

6. Travel expenses 

7. Extracurricular advancement

Contact a Kane County Child Relocation Divorce Attorney

At The Law Office of Matthew M. Williams, P.C., family law attorney Matthew M. Williams diligently advocates for his clients and aims for favorable solutions. Matthew M. Williams and his team of professionals are thoughtful, dependable, and always sensitive to their client's needs. Certified in both collaborative and cooperative law, Matthew M. Williams strives to lessen the emotional strife associated with child custody disputes. If you are requesting a parental relocation or disputing one, contact a Geneva family law attorney at 630-409-8184.

Sources: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm