Illinois family law attorney Russell D. Knight (https://rdklegal.com/relocating-with-a-child-to-live-with-a-new-spouse-after-an-illinois-divorce/) of the Law Office of Russell D. Knight has published a detailed article titled "Relocating With a Child to Live With a New Spouse After an Illinois Divorce." This insightful piece addresses the legal complexities and procedural requirements for parents seeking to relocate with their child following a divorce in Illinois.
Illinois family law attorney Russell D. Knight sheds light on the challenges faced by custodial parents who wish to move to a new location, potentially far away, to start a new life with a new spouse. According to Knight, while finding love anew in a different community, state, or even country is commendable, it brings forth significant legal hurdles when a child is involved.
"There is a very detailed procedure in Illinois which does allow for relocation with a child to a new state," states Illinois family law attorney Knight. He explains that under Illinois law (750 ILCS 5/609.2), a parent with the majority or equal parenting time must seek permission from the court to relocate with their child. This involves navigating a complex legal framework designed to protect the child's best interests.
Knight's article begins by clarifying what constitutes a relocation. While moving across the street doesn't necessitate court action, moving to another state or even within a 25 to 50-mile radius may require filing a petition for relocation. "If the move does not qualify as a 'relocation' under the statute, the custodial parent can proceed without court involvement," Knight notes.
The process starts with providing notice of relocation to the other parent and the court. This notice must include specific details about the move, such as the destination, date, and duration. Any errors in this notice can result in the court denying the relocation request and imposing sanctions on the relocating parent.
"If the other parent agrees to the relocation, they must provide written consent," explains Knight. This consent must be filed with the court, along with a new order modifying the parenting schedule to accommodate the move. However, disagreement from the other parent necessitates filing a petition for relocation and seeking the court's permission.
Knight emphasizes that even parents who rarely see their child can block a relocation by refusing to sign the notice. This refusal forces the custodial parent to petition the court, where multiple factors are evaluated to determine if the relocation is in the child's best interests. "The decision cannot be reduced to a simple bright-line test," Knight quotes from relevant case law, underscoring the nuanced approach courts take in such matters.
The article highlights that the court's primary concern is the child's welfare, not the parent's new relationship. However, a significant improvement in the custodial parent's life resulting from the new relationship could indirectly benefit the child. "A significant improvement in the parent’s life would allow the child to experience benefits with the increase in their parent’s quality of life," Knight cites from Ford v. Marteness.
If the court denies the relocation, the custodial parent remains free to move, but without the child. In such cases, Knight advises parents to petition for a modification of parenting time, showing the court their commitment to relocating. This dual approach can demonstrate the parent's resolve and potentially influence the court's decision.
Knight also warns of the legal repercussions of moving without notice or permission. Illinois courts retain jurisdiction over the child, often requiring the child's return if the move was unauthorized. The only exception is if both parents no longer reside in Illinois, though even then, jurisdiction can persist under certain conditions.
For parents considering relocation or facing a relocation request from the other parent, consulting with a knowledgeable Illinois family law attorney is crucial. Knight’s article provides a thorough overview of the relocation process, emphasizing the importance of legal guidance in navigating these complex issues.
About the Law Office of Russell D. Knight:
The Law Office of Russell D. Knight is dedicated to providing compassionate and informed legal representation in family law matters. Based in Chicago, Illinois, the firm can handle a wide range of cases, including divorce, child custody, and asset division. Led by Russell D. Knight, the firm strives to achieve fair and just outcomes for its clients through diligent legal advocacy and personalized service.
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