Legal Advice For Parents Considering A Child Relocation And Removal
Anytime either parent is considering a move or relocation, it is very important to consult with an attorney. For many situations, a parental relocation or child relocation will require court approval. An experienced attorney can help with this type of family law issue and make sure you are following the laws. Especially now with new family law changes that impact child relocation and removals.
At Bolz & McCarty, LLC, in West Dundee, Illinois, our family law attorneys have over 60 years of combined legal experience. We have represented clients from the Fox River Valley in thousands of divorce cases over the years. No matter how many family law cases we have handled, we still give each client the personalized attention and catered legal counsel that he or she deserves.
Our family law lawyers are always keeping up with the latest changes in Illinois family law. As of January 1, 2016, newly enacted family law may impact your child custody, relocation or removal matter. We can help you determine how to proceed with your specific situation and how the law may impact you and your child’s future.
Illinois Relocations And Removals
Before the law changed in 2016, the term used was “child removals.” In many situations, the parent with primary physical custody (also an outdated term) could move within the state of Illinois without having to garner family law court approval. Moving out of state always required court approval (and still does).
What has changed is how the court defines child removals and in what situations a parent can move freely without getting the court’s approval. Now child removal is called “child relocation.” If a relocation does not meet one of the following circumstances, then the parent must seek court approval. Otherwise approval from the other parent does suffice:
- If the parent resides in certain specified counties (including Cook, Kane, DuPage, Lake, McHenry and Will counties) they can move freely within a 25-mile range (in Illinois).
- If the parent resides in a county not specified above, they can move freely within a 50-mile range (in Illinois).
- If the parent lives near the Illinois border, they can move freely to a different state but must be within a 25-mile range.
As always, one parent can contest and take the issue to court. We can help with your child relocation case no matter what the situation. Whether you are seeking to move out of state or you are contesting your former spouse’s child relocation petition, we are there for our clients every step of the way.