Child Removal And Relocation

After divorce, it is often ideal for kids to have their two parents live relatively close to one another. Parenting time is easily facilitated when travel requirements are minimal. This arrangement may work well for as long as it lasts. But what happens when one parent wants or needs to relocate?

If you are the residential parent (with whom the kids live most of the time) and you want or need to move, the following information will hopefully be helpful to you.

When Permission Is Not Necessary

If your child's current primary residence is in one of the six counties in the Chicago area (which include Lake and McHenry), you can move up to 25 miles away without needing permission from the Court or the other parent. The 25-mile radius includes any move that would take the child across state lines.

While permission is not strictly necessary, you may still wish to discuss the move with your co-parent. You will also need to give them the new address and other important information.

When Permission Is Necessary

Any move outside of the 25-mile radius will require the permission of your co-parent or the Court. The law requires that you provide written notice to your co-parent (and the Court) at least 60 days prior to the intended moving date. If your co-parent consents to the move, he or she can sign the notice, which will then need to be filed with the Court.

Absent written permission from your co-parent, you need to file a Court petition seeking approval for relocation. A Judge will then consider a number of factors to determine if the move would be in the child's best interests.

Seek Help From An Experienced Lawyer

Move-away cases tend to be difficult for everyone, but child relocation is sometimes necessary. Whether you are seeking to relocate or seeking to prevent relocation, contact Gauthier Family Law. Our attorney, Michael Gauthier, can guide you through the legal requirements and paperwork associated with relocation requests, and he can help you aggressively present your argument for why the relocation request should or should not be granted.

Free Consultations Available — Contact Us Today

Gauthier Family Law is located in Vernon Hills, and we primarily serve clients in Lake County and McHenry County. To learn more about what we can do for you, call us at 847-816-7781 or send us an email.