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Relocating a Child Within or Outside of Illinois

 

The law has significantly changed after 2016 as to when you can and cannot move with your child without a court order or permission. You will not be required to get a court order IF You and the other parent are married or are in a civil union; or You are the natural mother and the child has lived with you for more than 6 months. HOWEVER, There must not be a court case involving your child. NOTE: If you move out of state and the other parent files a parental responsibilities case in Illinois within 6 months, you will probably have to come to Illinois to participate in the case. It is possible that You may even have to return your child to Illinois. PRIOR OR PENDING CASE: If there is already a court case involving your child, there are special rules about when you can move with your child. Each case will have a life of its own and special rules may apply. However, generally, if you already have a court order about parental responsibilities, and you have the most parenting time, you can move the child without asking the court or the other parent, if the move is nott a relocation. In most cases you will need to give the other parent your new address. You are relocating if you: 1. Move more than 25 miles from the child's original home if it is in Cook, DuPage, McHenry, Kane, Lake, or Will Counties or the new home is out of state; or 2. Move more than 50 miles away from the original home within Illinois if it is not in Cook County, DuPage, McHenry, Kane, Lake, or Will Counties. If you are relocating with your child, you must follow these steps: A. File a notice of intent to relocate, and give a copy to the other parent at least 60 days before your planned relocation. B. If the other parent agrees and signs your notice, you can file the signed notice with the court and move without going to court any further. The court will also change your parenting plan/parental responsibilities order to allow the move. C. If the other parent doesn't agree or doesn't sign the notice, then you must ask the court for permission to relocate. D. After you ask the court for permission to relocate, you must go to a hearing where the court will decide if relocating is in the child's best interests. The court will look at: 1. The quality of each parent's relationship with the child 2. The reasons for relocating 3. Educational opportunities available in each location 4. The arrangements for parental responsibilities 5. Extended family in both locations 6. Impact on the child 7. The wishes of the child. These rules are very different from the rules in place before 2016, which allowed most moves within Illinois without court permission and required court permission for all out of state moves. If you need help or a consultation, call me: Eric Miskell (815)431-9300.