Can I Stop My Ex from Relocating for Work?

 Posted on November 30, 2023 in Divorce

Geneva divorce lawyerDuring divorce proceedings, the two people ending their marriage must agree on how many issues will be handled going forward. Sometimes, a divorce is contentious, so reaching these agreements can be very challenging. In other cases, it is quite amicable, with the former spouses maintaining an appreciation for each other despite no longer wishing to remain married. When a divorced parent considers relocating for work, this can be a very complicated situation to navigate. If you are a divorced parent and your ex is planning on relocating for their career, and you are concerned about how this will affect your custody arrangements, an experienced Kane County divorce lawyer can answer any questions and start working on a plan to advocate for your rights.

How Does Illinois Law Deal With Parental Relocation?

Life is full of surprises and changes. This is also true regarding divorce. When you and your spouse first decide to split up, you may be working full-time in a promising career, and the divorce settlement might include a stipulation that you need to make monthly child support payments. A few years down the line, you might be laid off from work. If that happens, you’d likely want to petition the court for an amendment to your divorce settlement based on your new circumstances. Your parenting plan might include a joint custody arrangement where your children spend equal time with each parent. If, after a few years, your spouse has a new significant other living with them, you might feel less comfortable with your children sleeping at their house with an unrelated adult there.

Another issue that can be challenging to deal with after divorce is parental relocation. This can affect the children as well as the parents. Depending on how far away the parent is relocating, it might necessitate an entirely new custody arrangement. Even if it is a relatively local relocation, it could impact how the children are transported between parents and have implications for the children’s school district. If it is significantly farther, it could harm how easily the children can be transported between their parents and several other aspects.

Whatever the case, the court must approve parental relocation after a divorce. To reach a decision, the courts will first consider what is in the children’s best interest. Relocation will be denied if it is deemed not to serve the children’s best interest. 

Contact a Geneva, IL Divorce Attorney

If you are a divorced parent and your ex is planning to relocate, this could have significant implications for you and your children. A knowledgeable Kane County, IL parental relocation lawyer will be able to clear up any confusion you may have and begin advocating for your rights. Call The Law Offices of Douglas B. Warlick & Associates at 630-232-9700 so we can get started.

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