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Custody regulations for moving to a different location

After a divorce in Illinois, one parent is typically granted physical custody of any children. This parent is who the children live with the majority of the time and who has general decision-making responsibly over the children on a day-to-day basis. If the parent decides to move and relocate the children, certain steps may need to be followed.

According to the Illinois General Assembly, a parent who wishes to relocate with the children must give notice at least 60 days in advance. The notice must be signed by the other parent and submitted to the court. Not providing this notice can be cause for the court to intervene. The other parent may object to the move, which would also trigger a court intervention.

If the court gets involved in the case, it will be decided based on the children’s best interests. This includes considering how the move will impact them, if parenting time will be easily allotted to both parents and the children’s opinions of the move. Other factors that will affect the court’s decision include the reason for the move, the location of extended family in accordance with the new location of residence and any objections from the other parent.

It is important for parents to note that the distance of the move will impact the reporting requirement. According to Illinois Legal Aid, only relocations require reporting. For those living in Lake County, a move of more than 25 miles would be considered relocation. For those in Cook County, anything under 50 miles is not a relocation as long as it is still within the state. 

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