Am I Able to Prevent My Ex-Spouse From Relocating With My Child?

 Posted on November 17, 2020 in Parental Rights

For many divorcees who are parents, one of the biggest disappointments they face is how little time they feel they have to spend with their children after all is said and done. In Illinois divorces, both parents must come to an agreement as to how parenting time will be split among the two of them, often leaving at least one parent feeling as if they are lacking. The idea of one parent moving and taking the child with them can be extremely distressing to the other parent, especially if they are concerned about protecting their parenting rights. In this situation, a knowledgeable family law lawyer can help you understand the procedure and rules that must be followed when a parent wants to relocate with a child, as well as how those laws apply to your situation.

When the Other Parent Must Notify You

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there are certain rules that a parent must follow if they are relocating with their child. A parent who has equal parenting time with the other parent or the majority of parenting time can move with the child and must provide notice to the non-moving parent if the move is considered a “relocation.” In Illinois, a move is considered a relocation if the new residence is more than:

• 25 miles from the child’s current residence in Cook, Lake, McHenry, Will, DuPage, or Kane Counties

• 50 miles from the child’s current residence located in any other Illinois county

• 25 miles from the child’s current residence and in another state

If the move qualifies as a relocation, your child’s other parent is required to provide you with prior notice of the move within 60 days of the moving date. The notice should include the new address, the date of the intended location, and the length of time the parent intends to live there.

Fighting the Petition to Relocate

Once your child’s other parent files the notice with the court and you object to the relocation, your child’s other parent will have to file a petition with the court to relocate with your child. Once this is filed, a hearing date will be set, during which the court will determine if the relocation is in the child’s best interests. The court will consider a number of factors, including:

• The reason the other parent is moving with the child

• The reason you are objecting to the move

• The relationship the child has with each parent

• Whether the move could negatively impact the relationship the child has with either parent

• The wishes of the child

Our Oswego Divorce Attorney Is Here for You

If you are concerned that your spouse’s relocation may affect your parenting time or parental responsibilities, you should speak to our reputable Kendall County parental relocation lawyer. With more than 1,000 family law cases under his belt, attorney Matthew M. Williams of the Law Office of Matthew M. Williams, P.C., can put his knowledge to work fighting for you and your child’s best interests. To schedule a private consultation, call our office today at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=8300000&SeqEnd=10000000