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Anderson and Associates, P.C.

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Tinley Park Child Relocation Attorney

Mokena custodial parent child move away lawyer

Divorce Lawyers Assisting Custodial Parents Who Wish to Move or Stop a Move

The end of a marriage can cause a great deal of emotional and financial strain for a family, but once the process of dissolving a marriage is complete, spouses and their children are likely ready to move on from this difficult time and begin the next stage of their lives. As part of their final divorce decree, parents will submit a parenting plan to the court which sets down the decisions made regarding the allocation of parental responsibility, parenting time, and child support. This plan is meant to stay in place permanently, but if a parent plans to move to a new residence at some future date, it may need to be modified.

At Anderson and Associates, P.C., our attorneys understand that families must sometimes adjust to changing circumstances, and we work to protect children's best interests in situations when one parent wishes to relocate with their children. With more than 30 years of experience in family law, you can rest assured that we will provide you with the representation you need in your child removal case.

Child Relocation Under Illinois Law

The Illinois Marriage and Dissolution of Marriage Act defines child relocation as a change in the residence of the parent who has been allocated a majority of the parenting time or who shares equal parenting time when the move meets one of the following requirements:

  • The new home is located in the state of Illinois and is more than 25 miles away from a current home located in Cook, DuPage, Will, Kane, Lake, or McHenry County.
  • The new home is located in the state of Illinois and is more than 50 miles away from a current home located in a county other than Cook, DuPage, Will, Kane, Lake, or McHenry County.
  • The new home is located outside the state of Illinois and is more than 25 miles away from a current home located in the state of Illinois.

When a parent plans to relocate with their child, they must give written notice to the other parent at least 60 days before the date of the planned move, and they must also file this notice with the circuit court. If the other parent does not object to the relocation, the parenting plan can be modified accordingly, as long as the court believes that this modification is in the child's best interests.

If the other parent objects to the proposed relocation, or if the parents cannot agree on how to update their parenting plan, the parent planning to move must petition the court for permission to relocate. A judge will review the case, looking at factors such as the reason for the move, the reasons the other parent objects to the move, the child's desires, how the move will affect the child and their relationship with their parents and extended family, and any other relevant information that affects a child's best interests. If the judge determines that the move is in the child's best interests, permission to relocate will be granted and the parenting plan will be modified.

Contact an Orland Park Divorce Attorney

If you are planning to move with your children, or if you want to fight against a move that will negatively affect your relationship with your children, the knowledgeable, compassionate attorneys of Anderson and Associates, P.C. can help you understand your rights and advocate for your children's best interests. Contact our Tinley Park divorce lawyers at 708-226-9904 to schedule a free initial consultation. We serve clients in Orland Park, Homer Glen, Oak Forest, Mokena, and throughout Cook and Will Counties.

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