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Can I Modify Custody After Relocating

 Posted on September 08, 2023 in Family Law

IL family lawyerIf you are divorced and want to move to a different area with your child, you are probably wondering whether you can modify your Illinois parenting plan. Yes, modifications might be possible when you want to relocate, but it depends on the specific circumstances.

In Illinois, the court will consider the following factors when deciding whether to change parenting rights after a parent moves:

  • The distance and reasons for the move
  • The child's wishes
  • The parents' ability to continue to co-parent effectively
  • The child's best interests

If you are thinking about moving with your child, it is important to speak with an attorney. A decree modifications and enforcement attorney can help you understand the law and can advise you on whether or not you have a good case.

Look to the Parenting Plan

As outlined in Illinois statute, any relocation exceeding a distance of 25 miles from a child's present residence will activate the relocation provisions of the Illinois Marriage and Dissolution of Marriage Act. But if the parenting plan already addressed a possible move, then that will take precedence over the statute.

How Do I Start The Modification Process?

You will need to file a motion with the court to change the parenting plan. In your motion, you need to explain why the move is a substantial change in circumstances and why the modifications are in the best interests of your child. Understand that the other parent will have an opportunity to respond to your motion.

A few tips to help you file a successful motion in modifying parental responsibilities are:

  • Be clear and concise in your motion
  • Provide the court with all of the relevant evidence
  • Be prepared to answer any questions that the court may have
  • Work with an experienced attorney who can help you navigate the legal system and protect your rights

If the court grants your motion, the new parenting plan will supersede the old arrangement. All parties, including your ex-spouse, will then be required to comply with the new arrangement.

Contact a Kane County, IL Divorce Attorney

Relocation can be a challenging process, especially when it comes to the well-being of your children. Creating the perfect parenting plan is more complex than you might think. Just understand that you do not have to face this obstacle on your own. Consulting with a Geneva, IL post-decree modification lawyer, like those at Serrano Hanson can provide the guidance you need. Pick up the phone and dial 630-844-8781 right now for assistance in getting your parenting plan modified.

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