When Can a Parent Relocate With Children After an Illinois Divorce Under 750 ILCS 5/609.2? - Caesar & Bender, LLP
Episode notes
From Caesar & Bender, LLP - When Can a Parent Relocate With Children After an Illinois Divorce Under 750 ILCS 5/609.2? walks through the rules that apply when a parent wants to move with a child after a divorce in Illinois. The episode explains that not every move counts as a legal relocation, and that mileage thresholds determine whether a parent living in Cook, DuPage, Kane, Lake, McHenry, or Will County, or in another Illinois county, must give formal notice, as well as how out-of-state moves are treated differently. Listeners will also hear how distance is measured from the child's current primary residence and why moves that stay under the threshold may still require a review of the parenting plan or court order.
The discussion covers when court approval is actually required, noting that it only comes into play when a proposed relocation falls under the statute and the other parent does not agree. It also explains who has the right to seek relocation based on the allocation of parenting time, and what happens procedurally when both parents agree versus when the other parent objects and a petition must be filed with the court.
The podcast also details the 60-day written notice requirement for a covered move, what that notice must include, and the option to give notice sooner if the full 60 days is not practical. It touches on the consequences of failing to provide proper notice, including how a judge may view a lack of good cause, and outlines the 11 best-interest factors under 750 ILCS 5/609.2(g) that courts weigh when parents cannot agree, including the history of each parent's relationship with the child, educational opportunities, extended family, and the child's wishes.
Chicago divorce attorneys Michael Ian Bender and Molly E. Caesar, co-founding partners of Caesar & Bender, LLP, bring their experience to this discussion. Michael Ian Bender, Esq., a former Domestic Relations Judge for the Circuit Court of Cook County, is the author of Protecting Children: Bettering the World One Child at a Time and has been recognized by Best Lawyers in America, Leading Lawyers, and as Litigator of the Year. Listeners who are planning a move with their child or need to object to one are encouraged to call (312) 236-1500 to schedule a consultation with Caesar & Bender, LLP.
Caesar & Bender, LLP
150 N Michigan Ave #2130, Chicago, IL 60601
(312) 236-1500