Many people decide to move after finalizing their divorce because starting over is done much easier in a new place surrounded by new people. However, divorces involving children are much more complicated than simply packing a suitcase and signing an apartment lease. Before getting divorced, many people do not realize how much control the court system can have over you and your familial decisions. Though you may want to start you and your child’s life over in a new place by relocating, there are many steps that must be taken before the house hunt can begin.
Moving from one area to another is stressful enough. Adding a divorce and child into the mix only further complicates things. Follow these three steps to get yourself on the path of relocation:
- Choosing your location: Moving from one house to another within the same area is not considered “relocation” under Illinois law. However, if you plan to move over 25 miles from the child’s current residence, your former spouse and courts may become involved in the process.
- Speaking with your ex-spouse: One of the first steps that must be taken is discussing your decision with your ex-spouse. Whether you have primary custody of your child or not, you are not legally allowed to relocate your child without your ex-spouse’s permission.
- Notify the court: The court and your ex-spouse must receive a written notice 60 days prior to relocating. If your spouse agrees to the relocation and signs it, no further court action is required; however, without this written permission, you will have to petition the court to move without your former spouse’s permission.
In the Eyes of the Court
If you failed to receive permission for your relocation by your former spouse, court action will be required. Rather than choosing between one parent or another, most courts make their decision based on what they think is best for the child. There are a number of factors judges consider including the following:
- The strength and nature of the child’s relationship with each parent.
- The motivation/intent of the parent’s decision to relocate.
- How moving will impact the child’s mental, physical, and social health.
- The financial impact that the relocation (or its prevention) will have on the child’s life.
Though relocation may be what is best for you personally, the court does have a say in what is and is not allowed for your child.
Whether you are trying to relocate or prevent your child from being relocated, our Kane County child removal attorneys have experience on both sides of the argument. Having a professional and experienced lawyer on your side can ease your mind and give you results in court. If you are in a situation regarding the relocation of your child contact our offices for a free consultation at 630-584-5550.