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Objecting to a Proposed Move Involving Your Child

Posted on in Child Custody

DuPage County family law attorneyWhen your relationship with your child has been complicated by a divorce or a breakup, you probably treasure the time that you get to spend with him or her. This is especially true if the other parent has been allocated a majority of the parenting time and primary residential responsibilities. Despite the challenges, you understand how important it is to play an active role in your child’s life, giving him or her every chance to thrive, even following a difficult divorce. But what happens when the other parents that he or she would like to move with your child? Do you have any say in the matter? According to Illinois law, the answer depends on the circumstances.

Defining a Relocation

The Illinois Marriage and Dissolution of Marriage Act (IMDM) provides that a parent with a majority of the parenting time is permitted to move with his or her child anywhere within a certain radius from their current home. If, in your situation, the other parent wants to move outside of that radius, he or she must get your approval first. Specifically, you must be notified and provide your consent regarding a proposed move that is:

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

Acceptable Reasons to Contest a Proposed Move

You are under no obligation to grant your consent to the other parent’s proposed move to a new city or state. However, it is important to keep in mind that if you refuse, the other parent could ask the court to override your objections and allow the relocation anyway. Your objections must be based on the child’s well-being, not just your own convenience or desires. If you believe that the proposed move would negatively impact your child, you can and should object. Similarly, if you and your child share a close relationship that would be jeopardized by the new distance, refusing your consent is not unreasonable.

If the other parent continues to pursue the matter with the court, he or she will need to show that the move will ultimately serve the child’s best interests. You will also have the opportunity to demonstrate why you believe that the relocation would not be good for your child and/or your relationship with him or her. In making its decision, the court will consider a wide variety of factors including:

  • The other parent’s reasons for the relocation;
  • Available educational and financial opportunities;
  • The ability of the child to adjust to a new home;
  • The presence or absence of extended family;
  • Your motives for contesting the move; and
  • The ability to create a new arrangement that will foster a healthy, ongoing relationship between you and your child.

Relocation Concerns?

At Pesce Law Group, P.C., we are committed to protecting the rights of parents and promoting the best interests of children. If your child’s other parent is looking to move out of the area with your child, contact an experienced DuPage County family law attorney to discuss your options today. Call 630-235-2240 for a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0

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