Do I Need Permission To Relocate With My Child In Illinois?

 Posted on May 01, 2016 in Divorce

Child custody disputes can be contentious between parties and may be exacerbated when one parent wishes to relocate with the children. In these situations, parents on either side may be left wondering what their legal rights are and how they should proceed with or prevent the relocation of their children.

Illinois recently made some revisions to its laws concerning child relocation in and out of the state. While these changes were meant to provide clarity, there may still be legal gray areas and points of contention that should be discussed with an experienced Chicago child custody attorney.

New 2016 Illinois child relocation laws

The new 2016 Illinois child relocation laws refer to this issue, previously known as “removal,” as “parental relocation” as Illinois has shifted towards policy and language that emphasizes cooperation between parents. The new laws give parents more freedom to move with children across state lines (with limitations) while creating some boundaries as to how far away parents may move within the state.

From now on, parents wishing to relocate with their children must provide written notice to the other parent if:

• The move is greater than 25 miles from the child’s current home in Cook, DuPage, Kane, Lake, McHenry, or Will County;
• The move is greater than 50 miles from the child’s current home in any other Illinois county; or
• The child’s new out-of-state home is more than 25 miles from the child’s current home in Illinois.

How to provide written notice to relocate with children in Illinois

Parents with majority parenting time or who share equal parenting time of children must provide written notice to the other parent if the move is greater than the limitations mentioned above. There are several requirements that must be met to provide proper notice to the other parent.

Written notice to relocate with children in Illinois must include:

• Date of intended move;
• New address of proposed residence; and
• Non-permanent moves must include return dates.

Also, notice should be given at least 60 days in advance unless a court grants permission.

If both parents agree to the move, each would simply need to sign the notice and file it with the circuit clerk and no other action should be required. However, if one parent objects to the move or refuses to sign the relocation notice, the relocating parent must file a petition with the court.

Aurora child custody attorneys

If you are considering relocating with your children within Illinois or across state lines, the experienced Aurora child custody attorneys of Fay, Farrow & Associates, P.C. can help ensure your legal rights are preserved. Contact us for a consultation about your case. “Our law office serves clients throughout Naperville, Wheaton, Downers Grove, Lombard, Lisle, and Aurora.”