Post-divorce life comes with its own opportunities, such as a new job, remarriage, or the desire to be closer to family. When these opportunities require you to move, and you share a child with your former spouse, the situation becomes far more legally complex. In Illinois, you often cannot simply move with your child; you must follow specific legal procedures designed to protect the child’s relationship with both parents.
At Sabuco Beck, P.C., we understand that moving can be stressful and emotionally challenging even apart from the legal requirements. Our experienced family law attorneys are here to provide clear guidance and compassionate support, helping you understand your rights and obligations while prioritizing your child’s well-being.
Illinois law defines “relocation” as a move of a specific distance from the child’s current primary residence. The distance depends on where you live:
Any move exceeding these distances is considered a legal relocation and requires you to follow a specific process.
If you are the parent with the majority of parenting time, or if you share parenting time equally, you must provide formal notice of your intent to relocate with your child.
You must give anyone with whom you share custody at least 60 days’ written notice before the intended move, unless providing such notice is impractical. This notice must include:
A copy of this notice must also be filed with the clerk of the circuit court.
If the non-relocating parent agrees with the move, they can sign the notice. You can then file the signed notice with the court, and the relocation will be approved. The court will modify your parenting plan accordingly.
If the other parent objects to the move or fails to sign the notice, however, you must file a formal petition with the court seeking permission to relocate. You will not be permitted to move with the child unless the court approves your request.
When a relocation is contested, the court’s decision is based on what is in the best interests of the child. A judge will evaluate several factors to determine whether the move is appropriate, including:
An attorney can help you gather the necessary evidence to present a strong case that demonstrates how the relocation will serve your child’s best interests.
The process of relocating with your child can be even more complicated when custody is shared. However, it is not impossible. The attorneys at Sabuco Beck, P.C. are committed to protecting your parental rights and helping you achieve a positive outcome for your family.
If you’re preparing to move and need help with the legal aspects of your relocation, contact Sabuco Beck, P.C. today to schedule a confidential consultation. Let us provide the experienced legal guidance you need to move forward with clarity and confidence.
See the difference family makes at Sabuco Beck, P.C.
Alex and Donna and all of his staff went above and beyond to answer our questions and help us during a very stressful time.
I would recommend Roy to anyone. I had a very difficult ex and he was very calm and made sure the whole process went the way it should have. His assistant Sandy is AMAZING! I had a lot of issues, and she would respond and take care of everything promptly. I appreciate all the hard work that was done.
Mr. Beck helped win my case. The case was complicated from the beginning and he helped me manage the court system and his secretary Donna always helpful and courteous.
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