Cook County Child Relocation Lawyer

Divorced parents who have been awarded equal or a majority of parenting time have the right to seek a relocation with their child(ren). However, this must be sought on a legal basis. The relocating parent is required to give the other parent 60 days’ notice in writing of intent to relocate as well as file the notice with the local court. The other parent may then agree and sign off on the notice which will end the matter. However, child relocation requires that a modified parenting schedule and other modifications necessary to such a move are worked out and put into agreement between the parents. 

If the other parent objects to the relocation or if a modified parenting plan cannot be worked out between the parents, the relocating parent must file a formal petition with the court seeking its permission to relocate. Court hearings can then ensue in which the judge will hear evidence from both sides as to their assertions about the relocation. It is important to remember that courts operate on the principle of what is in the child’s best interests.

Where the parents are in disagreement about the relocation, the court will look at many factors to determine what it views as best for the child. These factors can include the reason for the relocation, the reasons for the objection to the relocation, past parenting history, the impact the relocation will likely have on the child, whether the child will be removed from or be united with extended family, the educational impact, the child’s desires if old enough to have a valid opinion, and more. 

If you relocate more than 25 miles away without proper notice through the legal system, the other parent has the right to file a violation with the courts in response to relocation law. Depending on the severity and details of your case, many different outcomes can ensue. However, when relocation laws are broken, the parent in violation is often ordered by the court to return within the former area of jurisdiction.