Divorce Attorneys Serving Women and Mothers in Chicago and Surrounding Communities.

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.