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Relocation
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Chicago Relocation Attorneys
If you are a mother in the Chicago area and you are considering relocating after your divorce, you need to know what steps to take to ensure you are on the right side of the law. At the Women’s Divorce & Family Law Group, we know that the prospect of moving with your child after a divorce raises many questions that may include how far a move counts as relocation under the law.
When is relocation possible? Does the child’s other parent have to agree to the relocation in order for you to take a new job out of state? See below to learn more, and keep in mind that our team of experienced attorneys is available to answer any questions you may have.
Understanding How the Law Defines Relocation
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), relocation can have three general meanings, including:
- Change in the child’s current primary residence from a location in Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County to a new primary residence within Illinois that is more than 25 miles away from the current residence;
- Change in the child’s current primary residence from a location other than the counties listed above to a new primary residence within Illinois that is more than 50 miles away from the current residence; or
- Change in the child’s current primary residence to a new primary residence outside the state of Illinois that is more than 25 miles away from the current residence.
Requirements for Relocation Under Current Illinois Law
For mothers in Chicago, it is important to understand how the process of relocation works under Illinois law. Providing written notice is the first step. The parent seeking relocation must provide a written notice to the other parent, and that written notice must include the following:
- Date of the anticipated move;
- Intended new address (if it is known); and
- Length of time at the new location (if the move is not permanent).
The parent who plans to relocate must provide this notice at least 60 days prior to the move, and it must be filed with the court. If the other parent agrees, she or he can sign the written notice, the relocating parent can file the signed notice with the court, and relocation will be allowed without any further court action. If the other parent does not agree to the relocation, will not sign the written notice, and/or cannot come to an agreement with the relocating parent about a revised parenting plan, then the parent seeking relocation must file a petition with the court to get permission to relocate.
Contact A Chicago Family Law Attorney
Issues surrounding parenting plans and relocation are complicated, and it is important to have an experienced Chicago family law attorney on your side. Contact the Women’s Divorce & Family Law Group today to discuss your case with a dedicated advocate.
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