Relocating With A Child To Live With A New Spouse After An Illinois Divorce - Russell D. Knight

BSPE Legal Marketing Podcast

From Law Office of Russell D. Knight - In this episode, we delve into the intricacies of "Relocating With A Child To Live With A New Spouse After An Illinois Divorce." Navigating the legal landscape of relocation with a child post-divorce in Illinois can be challenging, especially when a parent with primary custody wishes to move far away. Our discussion will focus on the legal requirements for such a move, including obtaining permission from the court that issued the original parenting plan and understanding the implications of 750 ILCS 5/609.2(b).

We explore the criteria that define a "relocation" under Illinois law, such as moves beyond 25 miles from the child’s current residence in counties like Cook, DuPage, Kane, Lake, McHenry, and Will. The episode covers the necessary steps for providing notice of relocation, as outlined in 750 ILCS 5/609.2(c), and the importance of detailing the move’s specifics, including the intended date, new address, and duration of the relocation.

Listeners will learn about the process when the non-relocating parent agrees or disagrees with the move. We discuss the petition to relocate and how an Illinois domestic relations court evaluates factors to determine the child's best interests, including the circumstances of the move, the reasons for any objections, and the impact on the child's relationship with both parents, as described in cases like In re Marriage of Fatkin and In re Marriage of Davis.

Finally, we address the potential outcomes if the court denies the relocation request and the subsequent steps a parent might take. We emphasize the importance of preparing a petition to modify parenting time concurrently with a relocation petition. This episode provides a comprehensive overview of the legal considerations involved in relocating with a child after an Illinois divorce, ensuring that parents are well-informed and prepared for this complex process.
Law Office of Russell D. Knight
1165 N Clark St #700, Chicago, IL 60610, United States
[phone]
https://www.google.com/maps?cid=13056420905624162796