In this article, you will learn…
- What the Illinois statute requires to relocate with a child after divorce,
- What arguments can be made to be granted a relocation, and
- How an experienced attorney can help you navigate the process of relocating with a child.
What Is The Process To Relocate With A Child After Divorce In Illinois?
Per Illinois state law (Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act), you must seek the court’s approval before relocating with children because it is a drastic change in circumstances for the child. You must also provide written notice of relocation to the other parent and receive their written consent.
In addition to following state law, you will want to review your allocation judgment parenting plan to know what parameters are listed. These parameters will make your steps a little more clear and possibly more restrictive.
Be aware that ignorance of the law is not a defense, so if you relocate with a child without following applicable state law, you could further complicate your case. For this reason, it is important to review your allocation judgment and state law prior to any relocation.
When it comes to relocating a minor, the party must prove that the relocation is to the child’s benefit. Some ways to measure the standard of living and best interest of the child can be that the new location will provide enhancement of the child’s opportunities in…
- Extracurricular activities,
- Medical care, or
- Social and family support.
On the other side, the party not relocating will be able to argue that the relocation could be a disruption of the structure already established or that the child’s relationship with their other parent would be difficult to maintain at the distance.
If you were already awarded custody as the primary caregiver and the other party was not very involved in the child’s life, you might be able to make the case that they are only now using the statute as a way of controlling you. This might show that the other parent is not putting the child’s best interests first and you may be able to show that you would have won if you had petitioned the court prior to moving.
If the other party is an involved parent, it can become very difficult to convince the court that removing the child from their routine of care and relationship with the other party is a benefit to the child. For instance, if a parent is coming over every night to read to their child before bed and your relocation will prevent that from happening, you would need a very good argument for the relocation.
Oftentimes, relocation is necessary due to a change of employment. If this change of employment means an increase in salary that would provide better opportunities for the child, such as the ability to attend one of the most prestigious schools in the country, that would be something that the judge would take under consideration.
In the event that a parent has relocated their child without first obtaining permission from the court or consent from the other parent, you may still be able to salvage your situation in court. Judges in family law courts are given a lot of individual discretion when deciding these matters. This is why you want to hire an experienced attorney to help you with your case. An attorney will know…
- What the factors are,
- What sort of evidence the judge is going to be looking for,
- How to present those factors and evidence, and
- What testimony will persuade the judge that you are right.
While the facts are not subjective, they can be open to interpretation and a judge can be persuaded to grant your relocation if it is presented in a convincing manner. The judge is intentionally afforded a lot of discretion in family court because the legislator is going to think it inappropriate to put down stark laws when family situations can vary so greatly.
For more information on Relocating With A Child After Divorce In Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 779-0098 today.
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