DuPage County Parent-Child Relocation Lawyers

Kendall County Parental Relocation Lawyers

Attorneys for Parents Moving with Children Out of Illinois or More Than 25 Miles

Co-parenting with an ex-spouse after a divorce is often a very challenging undertaking. Parents may have completely different ideas about how their child should be raised, where he or she should go to school, and what types of extracurricular activities he or she should participate in. One issue that frequently arises in a co-parenting situation is child relocation. When one parent wishes to move to a new city or state, the move can impact the other parent's ability to enjoy parenting time with the child.

The experienced family law attorneys at McSwain Nagle & Giese, P.C. have helped many parents with concerns related to child relocation. If you are a parent with more than half of the parenting time and you intend to move outside the parameters permitted under the law, we can help you petition the court for permission to do so. If your child's other parent wishes to relocate and you do not believe that the relocation is in the child's best interests, we can help you assert your right to object to the move.

What Counts as a Child Relocation in Illinois?

Until just a few years ago, a parent was largely free to move anywhere within Illinois with his or her child, even if the parent was party to a shared parenting arrangement. Only out-of-state moves—then known as "child removal"—required additional steps. Since then, the law in Illinois was updated to include in-state moves.

Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2) describes the rules and regulations regarding a parent who wishes to relocate to a new residence. In Illinois, a "relocation" is defined as a move that meets one of the following criteria:

  • The current residence is in Cook County, DuPage County, Kane County, McHenry County, Kane County, or Will County, and the new residence is greater than 25 miles away from the current residence.
  • The current residence is within the state of Illinois but not in one of the counties listed above, and the new residence is greater than 50 miles away from the current residence.
  • The current residence is in Illinois, and the new residence is out of state and more than 25 miles away.

If the intended move is considered a relocation, and the other parent is not in agreement with the move, the relocating parent will be required to get court approval before he or she can relocate. Typically, the process starts with a notice of intent to relocate and is followed by mediation. If the parties still cannot reach a resolution on the relocation, a guardian ad litem may be appointed to become involved in the process.

Seeking Court Approval for a Child Relocation

If both parents agree to the modifications to their parenting plan resulting from the relocation, courts will typically approve the relocation. If the noncustodial parent objects to the move, a petition must be filed, and the court will make a decision based on the best interest of the child. When determining whether or not to grant a relocation, courts will weigh factors such as:

  • The reason the parent is moving
  • The other parent's reasons for objecting to the move
  • Each parent's past relationship with the child including whether or not either parent has failed to fulfill his or her allotted parental responsibilities
  • The wishes of the child if he or she is old enough to express these wishes
  • Whether either parent's relationship with the child will be impaired by the move
  • The educational opportunities available at each location
  • The proximity of extended family members at each location

The family lawyers at McSwain Nagle & Giese, P.C. have more than 65 years of legal experience, and we are fully prepared to help with any concerns you have related to a child relocation. We can assist you with petitioning the court for permission to relocate, contesting a relocation, or with renegotiating your parenting plan to account for a relocation.

Call Us Today at 630-407-1200

For more information about child relocations within or from Illinois, contact our office. Call us at 630-407-1200 and schedule your free consultation and case assessment. We serve clients throughout DuPage County Cook County, Kane County, Kendall County, and Will County, including clients in Wheaton, Naperville, Glendale Heights, Warrenville, Winfield, Carol Stream, Glen Ellyn, and the nearby areas.

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