How to Challenge a Parental Location in Illinois: If We Share Custody of Our Children, Can My Ex Move Away with My Kids?

 Posted on August 25, 2022 in Divorce

If you share custody of your children with an ex-spouse and he or she wants to move away with the kids, you may be frustrated, worried, and unsure of what to do. Do I have a say in whether my ex moves?  Can I challenge a parental location in Illinois? It can be difficult to deal with a parental relocation if you are not sure what your legal options are. In this blog post, we will discuss parental relocation and how it is typically handled by the Court system. We will also provide some tips on how to challenge a parental location if you believe that it is not in the best interests of your children.

Parental Relocation Laws in Illinois

Moving to a new home can provide new opportunities and a fresh start. However, moves are not always in a child's best interests. Many divorced and unmarried parents worry that if the other parent moves away, it will negatively affect their relationship with their child. They may also worry that the child will struggle to adjust to a new home, school, neighborhood, and community.

Parents with the majority of the parenting time (formerly called the custodial parent) and parents in a shared parenting arrangement (relatively equal parenting time) must follow certain procedures to relocate. Under Illinois law, a parent who wants to move must notify the other parent of their plans and provide certain information, such as the address of the new home and a proposed parenting time schedule. If the other parent objects to the relocation, he or she can file a petition with the Court. The Court will then hold a hearing to determine whether the relocation is in the best interests of the child.

There are many factors that the Court will consider when making a decision about parental relocation, but some of the most important include:

• The child's age and developmental stage
• The quality of each parent's relationship with the child
• Whether there are extended family members or other support systems in the child's current community
• The child's adjustment to their current living situation, school, and community
• The reasons for the relocation
• Whether the move will improve the quality of life for the child
• The impact of the relocation on parental visitation
• Whether the relocation is likely to make it more difficult for the non-relocating parent to exercise parental visitation

If you are a parent who is facing a parental relocation, it is important to understand your legal rights and options. An experienced family law attorney can help you navigate the process and protect your relationship with your child.

Call Our Palatine Family Law Attorney for Help Contesting a Parental Relocation 

Contact the Law Office of Nicholas W. Richardson, P.C. for help if your child’s other parent wants to move, and you do not feel it is in your child’s best interests. Call experienced Arlington Heights family lawyer Nicolas Richardson at 847.873.6741 and set up a free consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K600