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Review of Illinois' relocation laws in child custody cases

Especially with people taking the time now at the end of the year to plot out their futures, many Rockford, Illinois, residents might be contemplating a move to be closer to extended family, take a new and better job or some other reason.

Those who have children at home and are single parents need to consider as part of their planning how the move might effect their child custody and visitation arrangements. Like other states, Illinois has relocation rules that limit whether and to what extent a parent, even a parent who has a child the majority of the time, can move long-term.

For those who live in or around Chicago, a parent must give a formal notice, which also gets filed with the court, to the other parent about the relocation if they are moving more than 25 miles from their current residence. Those in other parts of the state, including Rockford, need only give notice if they are moving more than 50 miles from their current residence. Notice is also required for any moves beyond 25 miles if the move also involves leaving Illinois.

The notice is generally supposed to be given 60 days in advance of the move, although there are some possible exceptions to this rule. The other parent then has the option of either acknowledging the notice by signing it. Unless the other parent objects in some other way, the court will make any agreed upon changes to the custody and parenting time order, and the parent may legally move.

If, on the other hand, the other parent objects or does not sign the notice, the parent who wants to move must file a request with the court asking for the court to review the custody and parenting time orders, as the law assumes the move constitutes a change in circumstances that justifies such a review.

Illinois parents should also be aware that their individual custody orders might include additional notice requirements.

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The Law Office of Bradley R. Tengler, Inc. 728 North Court Street, Suite B Rockford, IL 61103 Phone: 815-981-4859 Fax: 815-997-5129 Rockford Law Office Map