Although your divorce does indeed bring with it a certain sense of finality, it is important to remember that your life will go on. Part of that will include a number of new opportunities, one of which may be the chance to move away (or perhaps to) Crystal Lake.
Many in your same situation come to us here at Lavin & Parisi, Attorneys at Law asking what they need to do in order to relocate with their kids. Perhaps a better question may be whether local state laws view a move as an actual relocation, or whether you are simply moving.
Relocating vs. moving
You may think it is possible to use these terms interchangeably (and in many scenarios, it is). However, when it comes to child custody matters, there is an important distinction. According to Illinois’ Marriage and Dissolution of Marriage Act, there are a select number of counties from which a move of more than 25 miles from children’s current physical address qualifies as a relocation. McHenry County falls into this group. Other local counties also counted among this group include:
For all other counties in the state, you must move more than 50 miles away to meet the standard of a relocation.
Prepping for a move
The reason that this distinction between relocation and a move (in terms of child custody) is important because it dictates what your obligation is to your ex-spouse. If you are simply moving to a new address, you have no legal obligation to notify your ex-spouse in advance. If you relocate, you must notify them at least 60 days prior to the move, giving them the chance to seek a modification of your custody agreement.
You can find more information on dealing with child custody matters by continuing to explore our site.