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Moving a Minor Child Out of Illinois After Divorce

Moving a Minor Child Out of Illinois After Divorce

Palatine divorce lawyer James Kelly informs the reader as to the procedure and law that dictates when a minor child can be moved out of state after a divorce has been concluded.

Under Section 609.2(c), “a parent intending relocation, as that term is defined in paragraph (1),(2), or (3) of subsection (g) of Section 600 of this Act, must provide written notice of the relocation to the other parent under the parenting plan or allocation judgment. A copy of the notice required under this Section shall be filed with the clerk of the circuit court. The court may waive or seal some or all of the information required in the notice if there is a history of domestic violence.”

Notice under the current statute is the precursor to filing a petition to remove the minor child from the jurisdiction. Notice may simply be mailed to the other parent but must also be filed with the clerk.

The Contents of the Notice and its timing is detailed in 750 ILCS 5/609.2 (d).

First as to timing, the statute dictates that notice must be given at least 60 days prior to the relocation. However, the notice time may be shortened if 60 days notice is not practical under the circumstances of the proposed move.

The Notice shall contain the following:

(1) the intended date of the parent’s relocation;

(2) the address of the parent’s intended new residence, if known; and

(3) the length of time the relocation will last, if the relocation is not for an indefinite or permanent period.

The new statute dictates that the process simply starts with the parent proposing the move to mail a notice to the other parent stating the date of the relocation, the new address and the intended length of time of the intended move.

To learn more about the statute and how it applies to your situation, contact Palatine divorce lawyer James Kelly. He will attentively listen to you and work for the best solution to suit your interests.


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