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Geneva child relocation lawyerThere is no question that after a divorce, the lives of the spouses and their children will change significantly. Additional changes may occur in the years to come, and there may be a time when one parent decides to move to a new location that is a significant distance away from the other parent. However, there are restrictions on how a custodial parent may proceed in cases involving parental relocation, and the well-being of a child and the rights of the other parent must be protected. 

Illinois Parental Relocation Laws

While Illinois law no longer uses the term “custody,” the parent with the majority of the parenting time is often referred to as the custodial parent. If this parent decides to move to a new home, may need to seek the approval of the court, and the other parent may argue against the move if it affects their parenting time with a child. 

A parent living in Kane County can only move up to 25 miles from the current living situation without approval from the court. The same goes for Cook, Lake, Dupage, Will, and McHenry Counties. For all other counties in Illinois, a parent may move up to 50 miles away within the state. Interstate moves require approval if they are more than 25 miles from the current home. 

Posted on in Family Law

Kane County family law attorneysThe Millennial generation certainly has its own ideas about marriage, and, in many ways, they are not like those of their parents. An interesting shift is taking place in the way younger people perceive marriage and its importance. Throughout the last 60 years, several trends have arisen. People, in general, are waiting longer to get married, divorce is more common, and couples are having fewer children. During the 1950s, 75 percent of women in their early 20s were married whereas only 50 percent are now.

Repeating History

It is true that young people are waiting longer to get married and having fewer children, however, the trend we are experiencing today with is not unlike the time before the post-war baby boom. The average age at which couples get married today is only slightly higher than the average age of those in the late 19th and early 20th centuries.

What has changed since the 50s? Over the last several decades, there has been a dramatic shift in many aspects of American society. Women are more invested in their careers, there is less pressure to have a traditional family, and debt from student loans are all factors that contribute to the postponement of marriage. Furthermore, it is more socially acceptable to have children before getting married than it was during the much more conservative 1950s.

Geneva family law attorneyIf you are a parent considering divorce, your number one concern is probably about how the divorce will affect your children. Fortunately, there are many good resources for parents planning to divorce. One thing parents should do if they are planning to share custody of their children after the split is create a parenting plan or parenting agreement.

Every Plan is Different

If you are a parent getting divorced in Illinois, the courts will require you to draft and submit a parenting plan. In it, you should define the proposed custody and visitation schedule (technically called allocation of parental rights and parenting time respectively) as well as solidify other parenting decisions. Only the custody and visitation schedule is required, but many experts suggest parents use a court-required parenting agreement as an opportunity to get on the same page regarding the children. Each family is different, so your parenting plan will not look exactly the same as another family’s plan.

Kane County family law attorneysPrenuptial agreements have gotten a bad rap for many years. Many hold the false belief that prenuptial agreements are only for celebrities or couples who do not believe in the longevity of their marriage. The reality is that a prenuptial agreement is a valuable legal tool as well as a great way to plan for a couple’s future. Prenups are not only a valuable tool if a marriage ends or one of the spouses passes away, but are also a good way to hammer out the details of how finances will be managed within the marriage.

Prenuptial Agreements Especially Popular with Younger Crowd

A survey conducted by the American Academy of Matrimonial Lawyers suggests that the younger generation of married couples may be more likely to use prenuptial agreements than the older generations. In fact, of the total attorneys surveyed, 51 percent reported an increase in the amount of millennials requesting prenups within the last three years.

Kane County divorce attorneysCouples do not usually marry with the intent of someday divorcing. Yet divorce does happen each and every day. For couples, the experience may be stressful, painful, depressing, and emotionally taxing, but for children, the separation and upheaval of home and family can be downright traumatic. This is especially true when there is a lot of shaming, blaming, or arguing between parents.

Thankfully, there is a new trend emerging that is mindful, thoughtful, and intentional. More importantly, this new “trend” places the separating couple’s focus on a joint goal: successful and amicable co-parenting. This goal is so important that it takes precedence over any and all issues the parents may have with one another.

Doing Divorce the Right Way

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