With The New Divorce Laws, Relocating Isn’t Always as Simple as Finding the Right Moving Service or a New Home
For those who have been divorced, relocating involves more than just finding a new home. Regardless of whether you’ve been hired at a new job or are moving to begin anew following a divorce, relocating your children often requires petitioning the court.
At Lawrence R. Surinak Ltd., we understand child relocation can be an emotional experience for both parents and children. As such, we treat the matter with great care to ensure the move is in the best interests of the children and ensures both parents share the time they deserve with the children.
Will You Have to Petition the Court to Move? It Depends…
Not all parents must petition the court to relocate with their children. In fact, there are a number of guidelines that specify how you must proceed with a move. Specifically, you must petition the court if you’re:
- Moving over 25 miles from your current home to a new home in Illinois in DuPage, Kane, or Will County;
- Moving more than 50 miles from your current home to a new home in Illinois from your current residence in any county not named above; or
- Moving from your current home to a new home outside of Illinois that is more than 25 miles away.
With such specific regulations, it can be difficult and confusing to figure out child relocation on your own. But at our firm, we draw upon over three decades of experience to discuss your options and the requirements of your move to guarantee your children’s interests are protected and they maintain regular relationships with both you and their other parent.
Relocation Can Affect Other Decisions in a Divorce as Well
Post-divorce modifications and child relocation often go hand-in-hand. After all, moving your child will affect everything from parenting time to major decisions such as your children’s education, medical care, and other basic needs.
With extensive experience in both post-divorce modifications and child relocation, Lawrence R. Surinak Ltd. offers the comprehensive approach necessary to resolve all legal matters of your move with the utmost standard of attention and care.
Contact the Team at Lawrence R. Surinak Ltd. to Discuss Child Relocation and Divorce Law
If you live in Illinois and are looking to move within or outside of the state, child relocation might be a necessary next step before you leave your current home. As such, it’s important to retain the expertise of an attorney that understands relocation and its associated issues.
At Lawrence R. Surinak Ltd., our over 35 years of experience in family law allows us to carefully navigate child relocation needs, giving you the fresh start you desire. Contact us today at 630-470-9990 with any questions you have or to schedule your free, 30-minute consultation with Larry. You may also contact us via our convenient online form.
We look forward to speaking with you and discussing your next steps regarding child relocation.
Child Relocation: Understanding the New Law and How it Works
Whether you get a new job or are just ready for a change of scenery, it’s common to want to move. However, if you’ve been divorced and have a child (or children), it isn’t as simple as finding a new house and paying the movers.
There are specific legal rules you must follow under the new Illinois Marriage and Dissolution of Marriage Act should you wish to relocate. The new law is much more specific than the past law regarding how far you can move before being forced back into Court to be granted the legal ability to move.
The New Process for Parental Relocation in Illinois
When you wish to relocate with your child(ren), there is a simple process you must follow. The process begins with a notice that you must send to your former spouse at least 60 days in advance of the move that states:
- The date you plan on moving;
- Your new address; and
- The length of time you will be in the new location, if the move is temporary.
If your former spouse agrees that you are allowed to move, he or she will sign it and you will then file the notice with the Court. If your former spouse doesn’t approve of the move, you must file a Petition with the Court before you can legally move with your child(ren).
It’s important to note that the parent who provides the primary home for the children or either parent if parenting time is split equally must file a notice such as this if they plan on moving.
There are Distance-Related Criteria With the New Law as Well
There are three specific criteria that have been enacted with the new law. These three criteria specify whether you must file a notice as well and include if you are trying to move:
- More than 25 miles from your (and the child’s) current home if you live in DuPage, Kane, or Will County;
- More than 50 miles from your (and the child’s) current home if you live in any other county (i.e. Kendall County); or
- Out of state to a new residence that is also located more than 25 miles from your (and the child’s) current home.
If you are not moving further than these distances, you often don’t need to file a notice. However, it’s best to check with your attorney to ensure everything is in order before you pick up and move.
Are You Relocating With Your Child(ren) and Need Legal Assistance?
If so, the team at Lawrence R. Surinak Ltd. offers 35 years of experience in family law for your benefit. We’ve handled thousands of relocations and as such, are confident we can offer the guidance you need to move where you need to go.
To discuss your case, contact us at 630-470-9990 or request your free, 30-minute consultation through our easy-to-fill-out online form. We look forward to speaking with you and offering the guidance you need to move to your new home!