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Swearingen Law Offices

Call Us630-820-8877

1700 North Farnsworth Avenue, Suite 28, Aurora, IL 60505

Kane County Child Relocation Lawyer

North Aurora Child Move Away Attorney

Divorce Attorney Assisting Parents Moving With Children in Aurora and Batavia

After parents end their relationship in divorce, a family must adjust to new circumstances, with children dividing their time between two separate households. Since children will have less time with each parent following divorce, each parent's parenting time is precious. However, situations often arise in which one parent plans to move to a new home, requiring a modification to the allocation of both parenting time and parental responsibility. In these cases, it is essential for parents to understand how the law applies to their situation as they work to protect their children's best interests.

At Swearingen Law Offices, we make sure that our clients understand the divorce laws when requesting to move to a new home with their child or seeking to prevent a relocation that will negatively affect their parenting time. Attorney Brad Swearingen has more than 38 years of experience in family law, and he will go through the Illinois divorce statutes with you, ensuring that you have the knowledge you need and are able to meet your legal requirements in your child relocation case.

Illinois Law Regarding Child Relocation

When a parent relocates with a child, this is considered a significant change in circumstances, meeting the requirements for modification of the parents' parenting plan. A parent who has the majority of parenting time or shares equal parenting time with their former spouse must notify the other parent and the court within 60 days of their planned relocation if:

  • They live in DuPage, Kane, Cook, Will, Lake, or McHenry County and plan to move more than 25 miles away from their current home.
  • They live in an Illinois county other than DuPage, Kane, Cook, Will, Lake, or McHenry County and plan to move more than 50 miles away from their current home.
  • They live in Illinois and plan to move outside the state more than 25 miles away from their current home.

When both parents agree to the relocation, and the court finds that the relocation is in the children's best interests, the parents' parenting plan will be updated as needed to reflect the new situation. However, if a parent objects to the relocation, the parent who plans to relocate must petition the court to request the relocation and modify the parenting plan.

As with decisions regarding parental responsibility and parenting time during divorce, Illinois' law states that decisions about child relocation should protect children's best interests. When making these decisions, a judge will consider several factors, including:

  • A parent's reasons for moving.
  • A parent's reasons for disputing the move.
  • Children's wishes regarding the move.
  • The parents' relationships with their children, looking specifically at whether a parent has not met their parental responsibility obligations as allocated in their divorce decree.
  • The educational opportunities available to a child at their current home and their proposed new home.
  • Whether children will be close to extended family at their current home and their proposed new home.
  • How to minimize the possible impairment of children's relationships with their parents caused by the move.

Contact an Aurora Divorce Attorney

If you plan to relocate with your children, or if you wish to keep your ex-spouse from moving away with your children, it is essential to have an experienced attorney on your side. At Swearingen Law Offices, we will work personally with you to make sure you understand the law, helping you protect your parental rights and your children's best interests. Contact a Kane County divorce attorney at 630-820-8877 to schedule a consultation. We serve clients in Batavia, Naperville, Montgomery, and throughout Kane, DuPage, and Kendall Counties.

AVVO AV Rating 10 Best Client Satisfaction Leading Counsel Kane County Bar Association
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