A dad and mom have 2 children ages 14 and 5. The parents never married but live in same home since the birth of their children.
3 attorney answers
The father has to request a relocation pursuant to statutory rules. Then the mother has the opportunity to object and if an objection is made the father has to file a motion for relocation and the Court would decide the issue.
If these people live in Cook County, cannot move children more than 25 miles from current residence unless both parties agree or there is a court order allowing the relocation. If there is no agreement, party wanting to relocate must show move is in child's best interest. Asthma may be such a reason if it is proved to exist and if location (Florida) would benefit the child. Relocation is a complicated matter and a lawyer should be consulted.
the dad has to comply with 750 ilcs 5/609.2. he should give mom the required notice. she then has 60 days to say yes or no to the move. if no, then he must file a petition to ask the court for permission to move the child to florida.
Sign up to receive a 5-part series of useful information and advice about child custody law.