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Extended Family and Your Decision to Relocate With Your Child

 Posted on October 20, 2016 in Child Custody

Naperville family law attorneyIn today’s world, it is relatively easy to pick up and move to a new city or state in search of a better life. It is possible to look for jobs and places to live over the internet, making such moves far less risky than in previous generations. When you share parental responsibilities of your child, however, and you want your child to go with you when you move, the process may become quite a bit more complicated.

Geographical Limitations

Illinois law provides that a parent with half or more of the parenting time with his or her child who wishes to move with the child may do so freely within a specific distance from the current residence. If that distance is exceeded, the moving parent must notify the other parent and obtain his or her permission to continue the move. This type of move is known under the law as a relocation and requires the modification of the parents’ existing parenting plan to account for the new distance between the child and the other parent.

A relocation, under Illinois law, is a move by a parent with his or her child:

  • More than 25 miles from a home in Cook, DuPage, Kane, Lake, McHenry or Will County to a new home within the state of Illinois;
  • More than 50 miles from a home in any other county to a new home within the state of Illinois; or
  • More than 25 miles from a home in any Illinois county to a new home outside of the state of Illinois.

If the other parent will not consent to a relocation, the parent intending to move can petition the court to allow the move despite the other parent’s objections.

Court Considerations

When left to the court to decide, the relocation will only be allowed if the moving parent can show that the move will ultimately serve the child’s best interests. The moving parent must prove that the new location offers reasonable financial and educational opportunities, a favorable community for the child, and that the relationship between the child and the other parent will be maintained and fostered.

The court will also take into account the presence or absence of the child’s extended family in both the current location and the proposed new location. If the child’s current home is near the other parent but far from grandparents, aunts, uncles, and cousins, and the move would bring the child closer to his or her extended family, a relocation may be beneficial. With an increased support system which includes close relatives, the child is likely to thrive in his or her new environment.

Seek Legal Guidance

No two relocation cases are the same, and the outcome of yours will depend upon your unique circumstances. An experienced Naperville family law attorney can provide the guidance you need along the way. Call Pesce Law Group, P.C., today at 630-352-2240 for a free, confidential consultation and let us show you how we can help you obtain the future you deserve.


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