Oak Park Parent and Child Relocation Lawyer

Attorneys Helping Parents With Post-Divorce Relocation in Maybrook and Chicago

When a married couple chooses to divorce, nearly every aspect of their lives will change. During this time, parents will likely want to create a sense of stability and preserve parent/child relationships. However, this stability can be disrupted if a parent chooses to move with their children to a new home after divorce. Whether you are planning to move or want to ensure that your parental rights will be protected when your ex-spouse plans to relocate, a skilled attorney can advocate on your behalf in these matters.

At Wakenight & Associates, P.C., our divorce lawyers have more than 95 years of combined experience, and we can help you manage the avalanche of legal issues that must be addressed in a situation involving child relocation. We will work to help you reach an outcome that allows you to maintain a close relationship with your children.

What Is Considered Parental Relocation in Illinois?

When a parent moves a significant distance with their children after divorce, this may require changes to parenting time schedules and transportation arrangements, and it could even affect a parent's ability to share in parental responsibilities. Parents must petition the court for a modification of their divorce decree if their planned move meets the requirements to be considered a parental relocation.

Illinois law defines parental relocation as a move to a new residence by a parent with a majority of the parenting time or equal parenting time that meets one of the following criteria:

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

In parental relocation cases, the relocating parent is required to provide written notice to the other parent at least 60 days before the date of the move. This notice must specify the date of the planned move, the address of the new home, and the length of time the parent will be living at the new home, if the move is intended to be temporary. A copy of this notice must also be filed with the court.

If the other parent has no objections to the move, they may sign the notice, and the court will allow any necessary modifications to the divorce decree, as long as they are in the children's best interests. However, if the other parent objects to the move, a hearing will be held to determine whether the petition to modify the divorce order will be granted. A judge will base their decision on what is in the children's best interests, looking at factors such as the educational opportunities available to children at each location, the history of each parent's relationship with their children, and whether an agreement can be reached that minimizes any impairments to parent-child relationships.

Contact a Cook County Child Relocation Attorney

You deserve to have a close relationship with your children after your divorce, and this relationship should not be affected by where you or your ex-spouse choose to live. Our attorneys can represent you in court proceedings related to parental relocation, ensuring that your rights will be protected. Contact us at 708-480-9651 to arrange a free consultation. We assist with family law cases in Oak Park, Chicago, Forest Park, Skokie, Maybrook, Berwyn, River Forest, Elmwood Park, Cicero, and Cook County.