DuPage County Child Relocation Attorney

Divorce Lawyer Assisting Parents with Requests to Move with a Child In and Out of Illinois

When parents divorce, their final divorce decree or judgment will specify the allocation of parental responsibility and parenting time arrangements for both parents. This is meant to be a permanent agreement, but people's circumstances often change, and modifications to parenting agreements become necessary.

One common situation in which a parenting agreement must be modified occurs when one parent plans to move to a new residence with their child. Depending on the distance moved, this can have a major impact on the other parent's time with their children. If you are planning to move with your child, or if you want to keep your ex-spouse from moving your children away from you, the attorneys of Kathryn L. Harry & Associates, P.C. can represent your best interests in court or at the negotiation table.

What Constitutes Relocation in Illinois?

Illinois law defines relocation as a change of a child's primary residence that meets one of the following criteria:

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

If a parent plans to move to a new residence that meets one of these criteria, they will need to receive approval from the court to modify their divorce agreement or judgment.

DuPage Courts Protect Children's Best Interests

A parent who plans to relocate must provide at least 60 days' notice to the other parent and file this notice with the court. If the other parent objects to the move, the parent who wishes to move must file a petition to relocate, and the court will decide whether it is in the child's best interests to grant permission for the move and modify the parents' parenting plan. When deciding what is in a child's best interests, a judge will consider several factors, including:

• The reasons for the move and the reasons the other parent is objecting to the move.
• How the move will affect the child.
• The child's wishes, while taking into account the age and maturity of the child and their ability to express their desires regarding the move.
• Each parent's current and past relationship with their child, specifically looking at whether one parent has failed to live up to their parental responsibilities.
• The educational opportunities that will be available to the child both at their current residence and at the proposed new residence.
• Whether the child will be close to extended family at both the current residence and the new residence.
• Whether the move will impair the child's relationship with either parent.

Contact a Hinsdale Parent-Child Relocation Attorney

When you need to make a change to your parental agreement, the attorneys at Kathryn L. Harry & Associates, P.C. can help you understand your rights and responsibilities and advocate for your and your children's best interests in court. Whether you want to move to a new location or fight against a move that would negatively affect your children, we can provide the legal help you need. Contact a Lombard family law attorney at 630-472-9700 to schedule a free consultation. We serve clients in Wheaton, Downers Grove, Westmont, Willowbrook, and surrounding areas.