Modifying Parenting Plans for Parental and Child Relocation

 Posted on December 00,0000 in Child Custody

There could be many reasons why you would want to petition to move out of the area with your child after a divorce - you could be moving for your job, to be closer to family or maybe you just want a change of scenery. Whatever the reason is, as long as you have the majority of parenting time or equal parenting time allocated to you, you can petition to relocate with your child. Typically, relocating with your child requires a change in your existing parenting plan. Though the process to make the change in your parenting plan can be stressful and time-consuming, it is not impossible.

Steps You Must Take

In Illinois, there typically must be a significant change in circumstances before you can change your parenting plan. A relocation constitutes a significant change. If you plan on relocating with your child, you are required to submit a written notice of relocation to your child’s other parent within 60 days of relocating. If you do not provide notice, the court can use that as a factor in considering whether or not the relocation is in good faith.

Deciding Factors the Court Uses

If the other parent agrees to the relocation, then the relocation will be granted. If the other parent disagrees with the relocation, the court can modify the parenting plan and will use the following factors to make the decision:

• The reasons for the intended relocation;
• The reasons why the other parent is objecting to the relocation;
• The history and relationship between the child and each parent;
• The educational opportunities for the child at each location;
• The presence or absence of the extended family at each location;
• The estimated impact of the relocation on the child;
• The wishes of the child, within reason;
• Possible arrangements that the parenting plan could be modified to; and
• How damage to the parent-child relationship can be minimized.

An Experienced DuPage County Parental Relocation Attorney Can Help

If you are moving away and taking your child with you, there could be some protest by the child’s parent. If your ex-spouse protests to you relocating, you must attend a hearing to petition for your right to relocate with your child. During that hearing, you should have a knowledgeable Aurora parental relocation lawyer by your side. The Law Office of Matthew M. Williams, P.C. has experience with over 1,000 family disputes and can help you get the best outcome possible. Call the office at 630-409-8184 to schedule a consultation today.

Source:

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