Relocating With A Child To Live With A New Spouse After An Illinois Divorce

After a divorce, people move on. After a divorce, former spouses date and marry other people. Sometimes, they move very, very far away to date or marry other people. Good luck to those who have found love again in a new community, new state or even a new country. However, if a moving parent has primary custody of a child…they are going to have a hard time as relocation with a child typically requires permission from the court that entered the original parenting plan. There is a very detailed procedure in Illinois which does allow for relocation with a child to a new state. “A parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child.” 750 ILCS 5/609.2(b) Is The Move Even Far Enough To Qualify As A Relocation? Moving across the street does not require a custodial parent to do anything. Moving to another state clearly does require some kind of action with the court. Other moves between 25 and 50 miles may require a court filing to allow relocation with a child. “Relocation” means: (1) a change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an Internet mapping service; (2) a change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an Internet mapping service; or (3) a change of residence from the child’s current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service.” 750 ILCS 5/600(g) If the move does not qualify as a “relocation” under 750 ILCS 5/600(g), just move and let the other parent know their drive to pick up their children for visitation will be that much longer. Aspect Description Burden of Proof The relocating parent must prove by a preponderance of the evidence that relocation is in the child’s best interest. Outcome if Denied If the parent cannot prove the relocation is in the child’s best […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/relocating-with-a-child-to-live-with-a-new-spouse-after-an-illinois-divorce/