Parental relocation

The Illinois law recently changed with respect to the ability of a divorced parent to relocate the residence of a minor child.  The previous law distinguished between relocating the child or children from the State of Illinois to a different state.  The new law provides that, absent an order to the contrary, the parent with whom the child or children currently primarily live must request permission from the other parent or the court in order to relocate with the child or children unless:

1.         The child or children currently reside in the counties of Cook, DuPage, Lake, Kane, McHenry, or Will county, and the parent is relocating the child or children anywhere within 25 miles of his current residence;

2.         The child or children reside in any other county in the State of Illinois not mentioned above, and the parent with whom the child or children currently live is relocating within 50 miles of their current residence; or

3.         The relocation is outside the borders of the State of Illinois; however, is less than 25 miles from the location where the child or children currently reside.

If the parent wishes to relocate with the children beyond the scope mentioned above and the other parent does not approve the relocation, an experienced attorney will help navigate the way in a court proceeding.  Laura A. Epstein & Associates, LLC is available to discuss your options.