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IL alimony lawyerWhat happens when a parent in Illinois wants to relocate with his or her child after a divorce? After you go through a divorce and begin sharing parental responsibilities with your former spouse, it is important to remember that unexpected events may arise that necessitate a modification to your parenting plan or your allocation judgment. One of the reasons that you may seek to modify your parenting plan or allocation judgment is that you want to relocate with your child.

How difficult is relocation, and what do you need to know about how it is handled under Illinois law?

Defining Relocation Under the Illinois Marriage and Dissolution of Marriage Act

How far away do you want to move with your child? Whether you have a majority of parenting time or share parenting time nearly equally with the other parent, do you even need to make any changes to your current parenting plan if you are moving to another house or apartment? The answers to these questions depend upon whether your planned move would actually be defined under the IMDMA as “relocation.”

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IL family lawyerAs families that have newly gone through a divorce in DuPage County know, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) was amended relatively recently to do away with the terms of “ child custody” and “visitation.” Amendments to the law changed those terms to “parental responsibilities” and “parenting time,” which reflect the human relationships that exist between parents and their kids and the differences in family structures.

With those changes to the law, Illinois legislators recognized the need for flexibility in allocating important decision-making tasks about a child’s upbringing, as well as flexibility in terms of regular parenting time or spending time with the child and providing caretaking functions. Currently, the IMDMA says the court can take into account a number of different factors in allocating parental responsibilities, which include parenting time.

However, a proposed bill aims to change the presumptions about parenting time in the state. If House Bill 4113 were to pass, courts would have to begin from the presumption that equal parenting time is the best option for all families. We will say more about the potential effects of this bill and what it could mean for different families in DuPage County.

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 Illinois family lawyerFiling for divorce in Oakbrook Terrace is never an easy decision, but divorces often become more difficult and contentious when there are children from the marriage. In many cases, we work with mothers who want to get divorced and have serious concerns about whether their current husbands will be able to see the children after a divorce. There are numerous reasons to want to prevent your husband from seeing your children after the divorce is finalized.

For example, maybe your husband has indicated a desire to turn your children against you or has made negative remarks about you to your children in the recent past. Or, for instance, perhaps you have concerns about your husband’s ability to provide a nurturing home due to his heavy work schedule and lack of interest in parenting throughout the marriage.

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there is a presumption that parents will share in both parental responsibilities and parenting time. We will say more about how these matters are involved in the question of whether you can stop your husband from seeing your children after a divorce, and what factors the court uses to make such decisions.

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