MY CHILD LIVES WITH ME, CAN I MOVE TO A NEW RESIDENCE EITHER WITHIN OR OUTSIDE OF ILLINOIS?

Winning your case for relocating with your child in or out of Illinois

If you provide the residence for your child and you seek to move to a new residence outside the State of Illinois and in some cases even within the State of Illinois, you will need the other parent’s consent. If you cannot get the other parent’s consent, you can ask the court to allow you to make the desired move.

Parental Relocation Lawyer in Kane and Kendall Counties, Illinois

When you have a majority of the parenting time with your child, or if both parents have equal parenting time, you must get consent from the other parent or the approval of the court before you can move:

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

If you cannot get the other parent’s consent to your move, a Judge may allow you to relocate if you can show that the move is in the best interests of the child.  The court will consider many factors, including:

(1) the circumstances and reasons for the intended relocation;

(2) the reasons, if any, why a parent is objecting to the intended relocation;

(3) the history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;

(4) the educational opportunities for the child at the existing location and at the proposed new location;

(5) the presence or absence of extended family at the existing location and at the proposed new location;

(6) the anticipated impact of the relocation on the child;

(7) whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;

(8) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation;

(9) possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child;

(10) minimization of the impairment to a parent-child relationship caused by a parent’s relocation; and

(11) any other relevant factors bearing on the child’s best interests.

Family Relocation Lawyer in Kane and Kendall Counties, Illinois

To contact a reliable, skilled, and professional lawyer to learn more about relocating with your child, call 630-232-7306 to contact the Law Office of Warren G. Sylvester, P.C., to schedule your free consultation.