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Relocation and parenting time: what you need to know

On Behalf of | Dec 18, 2024 | Child Custody |

When parents finally settle in divorce, the next chapter of life often involves new beginnings, including relocation. But what happens when you want to move with your child? The answer lies in understanding Illinois law and the procedures that come with it.

Can you relocate with your child after divorce?

There is no law stopping you from relocating your child. However, in Illinois, if you relocate with a child after divorce, you must carefully consider and follow specific legal requirements.

According to the Illinois Statute, as a parent seeking to relocate with your child, you must provide written notice to the other parent, including the date of the proposed relocation, the address of the new residence, and a statement of the reasons for the relocation. You must provide this notice at least 60 days before the proposed relocation date. Here are other requirements you must fulfill:

  • Serve the notice personally or send it by certified mail with a return receipt requested.
  • Include a statement of the reasons for the relocation in the notice.
  • Add a revised parenting plan proposal to the notice, if necessary.

If the other parent objects to the relocation, the court may mediate between the parents to determine what is in the child’s best interests.

How does relocation impact existing parenting time arrangements?

Relocation can greatly change current parenting time plans, especially with a big move. In Illinois, the court focuses on the child’s best interests. Relocation can alter how often, how long, and the quality of parenting time. The court might need to review the current parenting plan to ensure it still serves the child’s best interests.

In conclusion, moving with a child after divorce in Illinois needs careful planning, open communication, and following legal steps. You must understand the legal effects of moving to ensure a smooth change for everyone involved. Having the right guidance to the laws and steps about moving will help you decide to put your child’s well-being first.