What Happens When One Parent Wants To Move With A Child?

Having time with your child is important to both you and him or her. The courts in Illinois generally want both parents to be involved in their child's life. What happens when one parent wants to relocate and bring the child or children with? If one parent moves away, it can affect the other's ability to parent and bond with the child, depending on how far away the other is moving.

First, the parent who plans to move away must provide written notice to the other in most cases, but especially if they share equal parenting time or if the child spends most of his or her time with the moving parent. If possible, the notice should occur 60 days before the move in writing. If the other parent objects to the move, the court will need to decide whether to approve it.

A recent change in the law takes into account the fact that one parent could move, but remain in Illinois, yet still take the child hundreds of miles away from the nonmoving parent. Because of that issue, new guidelines were established that factor in the current address and the distance of the move.

The moving parent must notify the other parent if:

  • Moving more than 25 miles from their current address in Cook, DuPage, Kane, Lake, McHenry or Will counties
  • Moving more than 50 miles from an address outside of those counties
  • Moving to another state that is more than 25 miles from the current address

Protect Your Parental Rights

If you need guidance during a parental relocation or a move-away after divorce, contact the lawyers at Robert A. Chapski, Ltd. Call 847-742-1642 or send us an email. Our attorneys are in Elgin, Illinois, and we serve clients throughout Kane County and the surrounding area.