Relocation After Divorce

March 22, 2017
Parent’s Rights to Relocation After Divorce
Even when a divorce is final, that doesn’t mean complications and complexities with the situation can’t arise.  Furthermore, if one parent seeks to relocate with the child, there are certain procedures that must be followed.  Likewise, since relocation of a parent means substantial change in circumstances for a child, the following must be kept in mind for the party seeking to move:

  • Date and address of parent’s relocation
  • Length of time the relocation will last
  • 60-day written notice of the relocation to be filed with the court
Rights of the Non-Relocating Parent
If the non-relocating parent signs the notice, the other party may relocate without further intervention from the court.   However, the court may modify the parenting plan to accommodate a parent’s relocation as long as all parties agree, and it is in the best interest of the child.  
If the non-relocating parent objects to the move, fails to sign the notice, or both parties cannot agree on the modification of the parenting plan the parent seeking to relocate must file a petition.  Again, the court will decide what is the best interest of the child given all circumstances and reasons for the relocation. 
Other Considerations
If the non-relocating parent objects to the move, the court will consider the reasons for the objection as well as the following:

  • History and quality of both parent’s relationships with the child
  • If either parent substantially failed or refused any parental responsibilities
  • Educational opportunities for the child at the new and existing locations
  • Presence or absence of relatives and extended family at both new and existing locations
  • Impact the relocation will have on the child
  • Child’s maturity
  • Wishes of the child

Lastly, if a parent moves with the child less than 25 miles from the current primary residence to a new home outside of Illinois, the current state (Illinois) will continue to be the home state of the child.  Any other move to a new primary residence outside of Illinois that is greater than 25 miles from the original home must then be in compliance with all laws and provisions by the court.
The skilled Edwardsville divorce attorney, Deborah Besserman can help you navigate through relocation issues with ease.  Please contact the Besserman Law Office, LLC today for a consultation. 

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