Relocation

Relocation

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What is Relocation?

In Illinois, if a parent who is allocated a majority of parenting time or equal parenting time wishes to move (relocate) a significant distance with the minor child(ren), then the other parent’s permission is necessary or a court order permitting the move must be obtained. Written notice of the intended relocation to the other parent is to be given and filed with the court if the following is true:
  • The change of residence from the child(ren)’s current primary residence is in the county of Cook, DuPage, Kane, Lake, McHenry or Will County and is more than 25 miles from the child(ren)’s current residence;
  • The change of residence is from the child(ren)’s current primary residence which is not located in Cook or a collar county to a new residence within this State that is more than 50 miles away from the child(ren)’s current primary residence; or,
  • The change of residence to a residence outside of Illinois that is more than 25 miles from the child(ren)’s current primary residence.
The notice must be provided at least sixty (60) days before the relocation unless impracticable and must include, at a minimum, the following:
  • The intended date of relocation;
  • The address of the new residence, if known; and,
  • The length of time of the relocation, if the relocation is not for an indefinite or permanent period. 
The non-relocating parent may either agree to the relocation and sign the notice or object to relocation. Under either scenario, the parents may need the judge to intervene. If the parents agree on the relocation but they cannot agree on a parenting schedule that accommodates the parent’s relocation, the judge may determine the new schedule. If the non-relocating parent objects, the parent seeking relocation will need to file a petition and the judge determines whether relocation is in the best interests of the child(ren) and appropriate under the law. Relocation issues require careful planning, proper timing and thoughtful consideration of the best interests of the child(ren). 

 How Can The Law Offices of Donna R. Farley Help?

Donna R. Farley and her team have the knowledge and experience necessary to assist parents when relocation issues arise. Whether you are seeking to relocate or object to the relocation of your child(ren), the Law Offices of Donna R. Farley will guide and advise you through every step of the process. Donna R. Farley and her team have the expertise to negotiate a parenting plan that may accommodate an intended relocation or if necessary, strongly advocate and litigate in court for or against a relocation in the event that an agreement is unable to be reached.  
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