Can I Stop My Ex From Moving Away With Our Child?

 Posted on May 30, 2023 in Family Law

Divorced and unmarried parents who share custody of their children may run into many different types of disputes throughout the years. One of the most significant issues parents run into is that of parental relocation. When one parent wants to move a significant distance away with the child, it can make it difficult to nearly impossible for the other parent to spend adequate time with the child.

If your child's other parent wants to relocate to a new residence that is a significant distance away and you are concerned about how this will impact your child, it is important to know your legal rights and options in this situation.

Parental Relocation in Illinois

To understand your rights and options regarding relocation, it is necessary to understand the difference between a move and a relocation. Illinois law describes relocations based on where an individual currently lives and the distance between the current residence and the proposed future residents.

For Illinois residents who live in one of the collar counties, including Cook County, Kane County, DuPage County, McHenry County, Lake County, or Will County, a relocation is a move that is more than 25 miles away. For Illinois residents outside the collar counties, a relocation is a move that is more than 50 miles away from their current residence or more than 25 miles away and outside the state of Illinois.

If the move does not meet these criteria, your legal options are limited. However, if the move counts as a relocation under Illinois law, the parents seeking to move will be required to take certain steps in order to move. The parent seeking to relocate must notify the other parent in writing and let them know the address of the new residence and when they plan to relocate.

The other parent has the right to contest the relocation. If your child's other parent wishes to relocate and you disagree with this decision, you have the right to attend a hearing and explain your reasons for contesting the move. The judge will listen to you and the other parent, evaluate the evidence, and make a determination about whether to allow the relocation. The judge will consider the reasons for the proposed move, the reasons you object to the move, and both parents’ relationships with their child. The judge will also evaluate the impact the relocation could have on the child's life. Are there better educational opportunities at the new residence? Will moving the child impact the child's relationships with extended family members? Ultimately, the judge will make a decision that he or she feels is in the child's best interests.

Let Our Schaumburg Child Relocation Help You

If your child's other parent wishes to move and the move counts as a relocation, you have the right to object to the move. Our Schaumburg family law attorneys can represent you during the relocation hearing and provide valuable legal guidance throughout the case. Call our office today at 630-426-0196 to set up a confidential consultation.

Source:

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