Gabrielle S. Davis, P.C.

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Removal! Divorced and You Want to Move with your Kids?

Mom and Child Moving.jpgWhat if you are divorced and want to move with your kids? What you need to know about the new laws governing removal in Illinois.

Illinois no longer uses the term "removal". The new term is "relocation". Any parent who has the majority of parenting time with the minor children or either parent if the two of you share equal time needs to be aware of the new laws governing "relocation".

1. If you and the children live in Cook, DuPage, Will, Kane, Lake or McHenry County in Illinois, then you can move with your kids anywhere within a 25 mile radius without getting the courts involved.

2. If you and the children live in any other county in Illinois, you can move within a 50 mile radius within the state.

3. If you want to move outside of the State of Illinois but within a 25 mile radius of your kids' current primary residence than you can without going to court as long as you stay within that 25 mile boundary.

If you want to move outside of that 25 or 50 mile radius, you will need to follow a certain procedure.

1. Provide a written notice to the other parent and file that notice with the court 60 days before you intend to move.

2. Make sure the notice includes the new address, how long you will be living at the new address if it is temporary and space for the other parent to sign.

3.  If the other parent agrees, they just sign the Notice. You should then talk about modifying your parenting plan and the Court will enter an parenting plan to reflect what will have to be different such as parenting time and maybe significant decision making.

If the other parent objects then if you want to move, you will need to file a Motion in Court.

Either way, you still have options in this highly mobile society.

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