Relocating children after a divorce in Illinois

 Posted on May 06, 2013 in Divorce

After a divorce, often times parents continue to live very close to one another so that they can both be near their child and remain active in the child's life. Sometimes, however, a parent may choose to relocate, whether it is to be near family, for a new job, or for another reason. If the custodial parent wants to relocate and take the child with him or her, they must follow state custody laws and any custody agreements that have been set up for the child. According to Illinois law, a custodial parent has the right to relocate the child after a divorce. There may be restrictions specified in the custodial rights that were laid out in the custody agreement, however. Even with the power to move the child to another state, the custodial parent must provide the noncustodial parent with advance notice and details for all travel or relocation plans. If, after receiving notice of the relocation, the noncustodial parent does not want the child to be relocated, the custodial parent can apply for an "Order of Removal" from the court. If the custodial parent can prove that relocation will be in the best interests of the child, the order may be granted. The law does not favor moving a child away from either of their parents, and electronic communication is not considered a substitute for spending time together. Parents may disagree on whether a custodial parent may relocate with a child after the divorce, regardless of the custody arrangement. In order to receive the court order, the custodial parent must prove to the court that the relocation is in the best interest of the child. The court will consider the child's needs and the impact that the relocation will have on the child’s life. The parent seeking the relocation must also state a significant reason for the relocation, such as a job or need for access to medical treatments outside state lines. Another possibility is relocation within the state, which is allowed without the tedious process required by out-of-state relocation. Parents should still review custody terms laid out in the divorce. If the relocation within the state will affect the noncustodial parent's visitation rights, it is best to consult an attorney. If you wish to relocate your child out of state, or their other parent is attempting to do so, contact a family law attorney to assist you. Attorneys from the Davi Law Group can help you get your child where they need to be.