Relocating with Your Child After Divorce

Relocating with Your Child After Divorce

After a divorce has been finalized, including custody and parenting time arrangements, you may find yourself facing a situation where you want to relocate to another county, state, or even country. You need to take the right steps to make sure you are not violating your ex-spouse’s rights, which could have serious repercussions.

According to the rewrite of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which went into effect on January 1, 2016, a parent who has custody of a child the majority of the time must provide written notice to the other parent if:

  • The parent wishes to move more than 25 miles from the current home (for Cook, DuPage, Kane, Lake, McHenry, or Will County); or
  • The parent wishes to move more than 50 miles from the current home (for all other Illinois counties).

The written notice must include the following information:

  • The date of the intended move;
  • The new address; and
  • If the move is temporary, the duration of time the parent will be at the new address.

This notice must be filed at least 60 days prior to the desired move. If the other parent approves the move, this is done by signing the written notice. The moving parent should then file the signed notice with the court.

If the other parent objects to the move or does not sign the notice, the moving parent must file a petition with the court asking permission to relocate with the child or children.

If you want to relocate, wish to contest your ex-spouse’s relocation, or have other questions about relocating with your child after divorce, call the DuPage County custody attorneys at the Law Office of David A. King, P.C. We are experienced, skilled, and ready to help you.

Call (630) 504-0003 today to schedule a consultation.