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IL divorce lawyerGetting a divorce is an extreme life change. Nearly every single aspect of your life is affected when you make the decision to get a divorce. And not just your life -- the lives of your family members are also affected. Even though your children are not the ones getting divorced, divorces do not discriminate and affect everyone around them. It is not uncommon to seek a change in scenery after a divorce. For some people, moving allows them to be closer to family, closer to a job opportunity, or simply just offers a fresh start. Children are often a point of contention throughout divorce, but they can also be a point of contention when it comes to relocating.

Petitioning for Relocation

If you were assigned the majority of parenting time or an equal amount of parenting time during your divorce, you can ask the court to allow you to move with your child. To do this, you must first notify your child’s other parent in writing at least 60 days before the intended move. Your notice should include your date of relocation, the new address where you and the child will live, and how long the relocation will last if it is not permanent.

If your child’s other parent signs the notice, then you can move with your child without further court intervention. If the child’s other parent objects to the relocation, you must then file a petition to relocate with the court.

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Posted on in Child Custody

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Divorce is difficult and stressful for everyone - there is no doubt about that. Once you completed your divorce and have decided everything from how your marital property is divided to how your parenting time is divided, you probably felt like a weight was lifted off of your shoulders. All of that stress and worrying can come rushing back if you have to move and you want to take your child with you. In Illinois, parenting time can be changed if there is a significant change in circumstances from when the parenting plan was first created - parental relocation qualifies as one of those circumstances. Even if you are not moving out of the state, you cannot just pick up and move if you are taking your child with you. You must seek the permission of both the other parent and the court.

First Steps

Before you do anything, you are required to provide written notice about your intended relocation to the child’s other parent. The notice should be issued to the other parent at least 60 days before your intended relocation unless that is not possible. The notice should be filed with the clerk of the circuit court and should include your intended date of relocation, your new address if it is known and the length of time you will be there if the change is not permanent. If the other parent agrees to the relocation, signs the notice and files the notice with the clerk of the court, no further court action will be taken. If the parent fails to sign the notice, objects to the relocation or you both cannot agree on a modification to the existing parenting plan, this is when the courts get involved.

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