Studies have shown that children greatly benefit from the ability to maintain healthy relationships with both of their parents, even when those parents are divorced or were never married. Because of this, Illinois law has requirements in place that parents must follow if one parent wishes to relocate a great distance away from their child’s current home. This is especially significant when parental responsibilities and custody are shared. A skillful child custody attorney can help parents to better understand relocation and its requirements.
What Constitutes Relocation?
In the state of Illinois, relocation is established based on the number of miles the new home will be from the child’s original home. However, this number is not consistent throughout the entire state and varies depending on the county the home is located in. For instance, a move will be considered a relocation if:
- The child’s original home is in DuPage, Lake, Will, Kane, McHenry, or Cook Counties and the parent and child are moving more than 25 miles away while staying within Illinois.
- The child’s original home is in any other Illinois county and the parent and child are moving more than 50 miles away while staying within Illinois.
- The child’s original home is in any other Illinois county and the parent and child are moving to a new state more than 25 miles away.
Requirements for Relocation
A parent who is planning to relocate with their child must first provide the other parent with a written notice that includes the intended relocation date and the new residence address. The notice must be provided at least 60 days prior to the intended move date and should also be filed with the court. After it has been filed with the court and the other parent signs the notice, no further court action is necessary for the move.
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