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Can I Stop My Child’s Other Parent From Moving My Child Away?

Posted on in Child Custody

Arlington Heights family law attorneysIf you are a parent who shares parental responsibility, or custody, with your child’s other parent, you know how challenging and complicated a shared parenting arrangement can be. A joint parenting arrangement can become even more complicated when a parent plans to move away. If the parent with the majority of parenting time moves a great distance away, the other parent may worry that he or she will not get to see his or her child. Fortunately, a parent who is subject to a shared parenting arrangement cannot relocate a significant distance without input from the child’s other parent.

Defining “Relocation” Under Illinois Law

Illinois parents can only dispute a move if it meets the definition of “relocation” according to the Illinois Marriage and Dissolution of Marriage Act. There are three different situations that can constitute relocation:

  • The parent lives in Cook County, DuPage County, Kane County, McHenry County, Will County, or Lake County and is planning to move more than 25 miles away.
  • The parent lives in another Illinois county and wants to move to a residence that is 50 miles or more away.
  • The parent wants to move outside the state of Illinois to a residence that is more than 25 miles away.

If the relocation meets the above criteria, the parent planning to move must notify the other parent at least 60 days before the move. They must also provide the other parent with the new intended address.

Contesting a Relocation

If the parent who is moving and the child’s other parent agree regarding the relocation, they can modify their parenting plan so that it works with the new living arrangements. If the other parent does not agree to the move, the parent who plans to move will need to file a petition for permission to relocate. The judge will consider several factors when deciding whether or not to grant the relocation. These factors include but are not limited to:

  • The child’s wishes
  • The reasons for the move
  • The reasons why the other parent opposes the move
  • The parents’ current and past relationship with the child
  • Whether or not the relocation will take the child away from extended family members
  • Educational opportunities available to the child at the new location

Contact an Arlington Heights Child Custody Lawyer

If your child’s other parent is relocating and you want to learn more about your right to object to the move, contact A. Traub & Associates. Schedule a confidential consultation with an experienced Rolling Meadows family law attorney by calling our office today at 847-749-4182.

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm

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