You never know what opportunities may arise in your life after your divorce in Mokena. For many of those that we here at Grotta & Associates, PC have worked with in the past, one such opportunity is the chance to relocate. While moving to a new area (for whatever reason) may seem exciting, that excitement can easily be tempered by the knowledge that if you share custody of your kids (regardless of whether you have primary or joint custody) you cannot simply move away with your kids. This is not to say that relocation is not an option; rather, you need to follow the proper procedures.
Those procedures can be found under Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act. Here, it states that you must provide your children’s other parent with notice of your intention 60 days prior to your proposed relocation date. They then have the opportunity to request a hearing to oppose the move, in which the burden of proof will fall to you to show the court why the move would be in your kids’ best interests.
There may be an easier way to move to a new area without having to go through the challenges of a custody dispute. If you inform your children’s other parent well in advance of your plans (even prior to the mandatory 60-day requirement), you then have plenty of time to work with them to modify your custody agreement on your own. The two of you can dictate the terms of how you want custody allotted after you move rather than relying on the court to set them for you. If you both are in agreement, the court will respect your wishes.
More information on managing your post-divorce life can be found throughout our site.