On behalf of Stange Law Firm, PC posted in child custody on Sunday, February 17, 2019.
While a divorce can certainly introduce a lot of uncertainty into your situation, one inevitability you can count is your life continuing on. That may include new personal or professional opportunities that may prompt you to relocate. This can cause pose quite a challenge to your current custodial situation. You moving away from the area will impact every member of your family, from your ex-spouse potentially needing to change their expectations in terms of custody and visitation to your kids having to re-establish themselves in new neighborhoods and schools. Such complexities cause many to come to us here at the Stange Law Firm questioning what is needed to keep their relocations from becoming family catastrophes.
The first thing you need to understand are your legal requirements. Per Illinois’ Compiled Statutes, the state considers “relocation” to be any of the following:
- Moving a child to a new residence that is more than 25 miles away from their current home
- Moving a child to a new county that is more than 50 miles away from their current residence
- Moving a child to a new state that is more than 25 miles away from their current residence
If your proposed relocation meets any of the aforementioned criteria (and you have been allocated primary or equal custody of your kids), you must then provide your ex-spouse with written notice of your intended relocation at least 60 days prior to your move. That notice must include the date you plan to move, where you plan to move to, and how long your relocation will last (if it is not meant to permanent).
More information on dealing with child custody issues can be found throughout our site.