The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Subscribe to this list via RSS Blog posts tagged in moving

relocation, Aurora family law attorneyFollowing a divorce, the involved parties may feel the need to change things up in order to move on and close a rather painful chapter in their lives. The parent who has primary residential responsibilities regarding a child may want to move to another state to pursue new opportunities in employment or even a new relationship. These kinds of life changes can shake up even the most amicable co-parenting situation as a non-moving parent is faced with the possibility of not seeing his or her child regularly, or having to incur the costs of going to visit the child in the new home.

While the non-moving parent may get longer periods of visitation time, such as during school breaks and other long holidays, he or she stands to lose vital, frequent interaction with the child. The child’s connections to other family members and friends may also suffer, and he or she will have to change schools after the move.

The Best Interests of the Child

...

relocation, Aurora family law attorneyNobody likes the idea of feeling trapped. If you are like most people, you want the freedom to seek new adventures and new opportunities. Of course, certain responsibilities in life may limit your ability to enjoy such liberties, but that does not mean they are completely out of reach. If you currently share parental responsibilities with your child’s other parent, you may feel that you are no longer free to pursue your personal goals, especially if they involve moving to another part of the state or out of Illinois altogether. Getting permission from the court for a relocation, however, may be possible, and there are some things to think about before you make a decision.

Legal Requirements

When you are the parent with primary parental responsibilities and half or more of the parenting time with your child, you must obtain permission from the other parent before relocating with the child. If the other parent refuses, you can seek permission from the court for the move. You only need approval if your new residence would be within Illinois and more than 25 miles from a current home in the metro Chicago area, or more than 50 miles from a current home anywhere else in the state. An out-of-state move requires approval if it is more than 25 miles from a current home anywhere in Illinois.

...

relocation, moving, Aurora family law attorneyWhen you live an area as widespread and diverse as the Chicagoland region, opportunities may abound for you. With minimal effort, you may be able to find a new job or new place to live quickly, helping you improve your life substantially. This can especially useful following a divorce or other major life change but if you have children and are subject to a custody order or parenting plan, you will need to be aware of what steps you may be required to take.

Moving to New Home

If you have been granted primary physical custody of your child—or the majority of the parenting time as specified under the new law—you are expected to help foster a positive relationship between your child and the other parent. Of course, you cannot be responsible for the other parent’s behavior, but you should not make it more difficult for him or her to spend time with your child.

...

moving, out of state move, Illinois family law attorneyResponsible parents are always looking for ways to better their children’s lives. For some, this may mean working two jobs to provide extra income or returning to school. For others, it may mean moving into a bigger house or a better neighborhood. Sometimes, such efforts will lead a parent to consider moving to another state. While an out-of-state move may be a fairly easy decision in many cases, a parent who is subject to a child custody agreement may face additional challenges.

Petitioning for an Out-of-State Move

Before removing the child from Illinois on a permanent basis, a custodial parent must obtain the consent of the non-custodial parent. The other parent’s consent may have been included in the original custody or parenting agreement. If the other parent agrees to the move, the process is relatively simple, but the court must still be included. A court order acknowledging the desire to move and the granted consent of the other parent can help prevent future problem.

...
The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Facebook Twitter LinkedIn
Back to Top