What if My Ex-Spouse Disagrees With My Plans to Relocate With Our Child?

Posted on in Divorce Decree Modification

Mt. Prospect family law attorney for parental relocationAfter a long and stressful divorce, finally receiving that piece of paper with the judge’s declaration that you are no longer married can be a sigh of relief. However, if you have children, you will never truly be able to be completely free from your ex-spouse. Even after you have settled everything, come up with your parenting plan, and received your divorce decree, you may still have to work out certain issues with your spouse in the future. For example, there are restrictions on where and how far a parent can move with their child without notifying the other parent and the court of the move. If you notify your child’s other parent of an impending move, and they object to your planned relocation, you will then have to take extra steps to ensure you comply with state laws.

Notify the Other Parent and Try to Work Out an Agreement

Before you do anything, you are required to notify the other parent if your move qualifies as a relocation. Your move will be considered a relocation if you are moving more than 25 miles away from your current home in Cook, Kane, Lake, DuPage, McHenry, or Will County, or if you are moving to a different state.

If you notify your ex-spouse, and they do not object to your relocation, you can then negotiate a new parenting plan that can be approved and put into place by the court. If you are having trouble coming to an agreement, you will be ordered to attend mediation to attempt to work this out, though an agreement cannot always be reached.

A Judge Will Intervene if No Agreement Can Be Reached

If you and your ex-spouse are unable to come to an agreement about the relocation and/or the revised parenting plan, you will have to take your case before a judge so he or she can make the decision for you. Before the judge makes his or her decision, they will review a variety of factors, including:

  • The reasons you want to relocate with your child;
  • The reasons your ex-spouse opposes the relocation;
  • The history and quality of both parents’ relationships with your child;
  • The presence or absence of any extended family members at your present and proposed locations;
  • Whether or not reasonable arrangements can be made to allow for meaningful parenting time; and
  • The impact that the relocation is anticipated to have upon your child. 

Our Northwest Cook County Parental Relocation Attorneys Are Here to Help

Even though you may want nothing more than to be completely separated from your ex-spouse, you will always have something in common. Even once your children are grown, they will still serve as a tie to your former spouse. At Richardson Family Law, we understand how critical the parent-child relationship is, and we will do everything to help you preserve that. If you wish to relocate with your child, but your ex-spouse is contesting the relocation, you should contact a skilled Palatine, IL parental relocation lawyer for assistance. To schedule a free consultation, call our office today at 847.873.6741. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

 

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