Separating from a spouse may be a stressful process, but it does open up numerous opportunities for you. You no longer have to worry about living in the same house as your ex or organizing your entire schedule around them. You can get a new job that they may have held you back from acquiring in the first place. You don’t even have to live in the same state as them anymore if you want.
However, those opportunities become slightly complicated if there is a child involved. Illinois requires parents that are moving more than 25 miles from their current residence with their child to acquire the other parent’s approval in doing so. However, the other spouse could use this as an opportunity to acquire more custody time and try to convince the court to keep the child in the state. It is important to know how this process works and what advantages you may need if you want you and your kid to move out of the state.
Provide the relocation notice in time
Divorced Illinois parents that are planning to move out of the state with the child are required to provide a written notice about their relocation and their new address at least 60 days before they move. If they are unable to do so, they need to do it as soon as they can and justify why they did not give the notice within the proper time range.
If you fail to give proper notice in at least 60 days before the scheduled move and do not have sufficient justification for doing so, the court will hold it against you. It can make it appear like you were deliberately trying to withhold information so that the other parent wouldn’t have time to request a custody modification. If you believe that your ex will challenge you on this issue, it’s better that you resolve this as soon as you can so you have less to worry about during the moving process.
Explain how it’s in the child’s best interest
If this relocation request comes years after the divorce and you have primary custody of the child, then the process might be easier since the court already believes you to be the superior parent. Relocation requests can be difficult since the court knows how much children will struggle adapting in a new home state, but you’ll have a better time convincing them if they know how well your relationship with the child is before and after the divorce.
If a relocation request is part of your divorce proceedings, then you’re facing more of a challenge. The court might not initially favor having the child move states in such a vulnerable period of their lives, but there are plenty of factors you can list off to prove it is for the better:
- How much your new job would pay
- The new environment the child would grow up in
- Your current relationship with the child
- Your spouse’s current relationship with the child
- Any relatives that are living near or in the state
Debating with your spouse on why it’s necessary for you and your child to move out of the state is rarely an easy process, but it’s crucial if you want you and your kid to move forward with your lives. Consider contacting a family law attorney to make your relocation request go as smoothly as possible.