After getting a divorce, you may be looking for a fresh start, or you may be considering a new direction in your life. This may include plans to relocate to a new home in a different community. While this can be a beneficial change that may allow you to cut down on expenses, pursue new career opportunities, or live closer to members of your family, you will want to be aware of any legal issues that may affect your ability to move. If you share custody of your children with your ex-spouse, you will need to follow certain steps during the parental relocation process. By working with an attorney who is experienced in post-decree matters, you can make sure you meet all of your legal requirements while addressing any disputes with your ex-spouse or other issues that may arise.
The Parental Relocation Process
When you are making plans to move, you will want to determine whether this change will need to be addressed through the legal system. Illinois law details when a move is considered a parental relocation. If you live in DuPage, Kane, Cook, Lake Will, or McHenry County, and you are planning to move at least 25 miles away from your current home to a new home either inside or outside of Illinois, you may need to receive permission from the court.
If your planned move meets the requirements to be considered a parental relocation, and you have primary physical custody of your children or share equal parenting time with your ex-spouse, you must first notify your ex of your relocation plans. Most of the time, a written notice must be provided to your ex-spouse at least 60 days before the date that you plan to move, and it must state the date of the relocation, the address of the new residence, and, if the relocation will be temporary, the amount of time that it will last. If it would not be possible or practical to provide 60 days’ notice, you should provide notice at the earliest possible date. You must also file a copy of this notice with your local circuit court.
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