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Wakenight & Associates, P.C.

9405 Bormet Drive, Suite 7, Mokena, IL 60448

Mokena | 815-727-6144

DuPage County | 630-852-9700   Oak Park | 708-848-3159

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Orland Park, IL Parental Relocation Attorney

Homer Glen divorce child relocation attorney

Divorce Lawyers Providing Legal Help With Child Relocation Cases in Mokena and Will County

Your divorce will bring many changes to your life, and it will likely affect your living situation, the time you spend with your children, and your finances. With all of these concerns weighing down on you, it may feel like you are being buried in an avalanche of problems. If you are planning to move to a new home with your child, or if your ex-spouse plans to relocate, an experienced attorney can help you understand your rights and your legal options.

The divorce lawyers of Wakenight & Associates, P.C. have a combined total of more than 95 years of family law experience, and we have represented clients in many high conflict divorce cases. If you are concerned about how you will be affected by child relocation, we can work with you to protect your parental rights and your children's best interests.

Parent-Child Relocation in Illinois

At least one parent will be likely to move to a new home during a divorce, and parents may also choose to relocate after divorce because of financial needs, job opportunities, or family responsibilities. If the parent who has the majority of the parenting time (or who shares parenting time equally) plans to move, they may first need to receive permission from the court.

Parental relocation rules apply if a parent currently lives in DuPage, Cook, Lake, McHenry, Kane, or Will County, and they plan to move to a new home that is more than 25 miles away from their current home, or if they live in a different county in Illinois and plan to move more than 50 miles away, or if they plan to move outside the state of Illinois to a new home more than 25 miles away. In these cases, they must provide the other parent with notice of their intent to move at least 60 days before the date of the move, or at the earliest possible date. They must also file this notice with the court.

If the other parent does not object to the move, and the judge agrees that this move is in children's best interests, the relocation will be allowed, and any necessary modifications to the parenting plan will be made. However, if the other parent objects, the parent who plans to move must file a petition for permission to relocate with their child, and the judge will determine whether to grant or deny this request. Illinois law lists factors that a judge should consider when determining whether a move is in children's best interests, including:

  • The reasons for the planned move and the reasons the other parent objects.
  • The child's wishes, if they are mature enough to be able to express their preferences.
  • Each parent's relationship with the child, including whether either parent has failed to exercise their parental responsibilities as defined in their parenting plan.
  • The educational opportunities available to a child at the proposed new home.
  • The presence of extended family members near the current home and the proposed new home.
  • How to minimize the negative impact of a move on the relationships between the parents and the child.

Contact a New Lenox Family Law Attorney

Whether you are planning to move or wish to ensure that your children remain close to you, our attorneys can advocate for a solution that meets your children's needs. Contact our office at 815-727-6144 for a free consultation. We provide family law services in Mokena, Orland Park, Tinley Park, Oak Forest, Lockport, Orland Hills, Homer Glen, and Joliet.

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