Finalizing your divorce is often a weight off of your shoulders. After months and maybe even years of arguing back and forth, negotiating and finally settling on certain terms, you can take a deep breath, gather yourself and move on with your life. With the finalization of your divorce comes the finalization of the parenting arrangements for your child, and though things may seem like they have been decided, there will always be the possibility of change.

One major change that you may have to deal with after a divorce is whether your ex-spouse moves or not. Your spouse does not necessarily have to inform you of the move but is required by law to inform you if he or she intends to move with your child. When this happens, it is referred to as relocation, and you can either consent to the relocation or fight it.

Before You Go to Court

If your spouse intends to relocate with your child more than 25 miles away from his or her current home, Illinois law requires that he or she give you written notice of the intended relocation at least 60 days prior to the date of the move. If you do not want to protest the relocation, you can sign the notice and file it with the clerk of the circuit court to allow your ex-spouse to relocate with your child. If you do not sign the notice or you and your ex-spouse cannot come to an agreement on a parenting plan modification, your spouse can file a petition to seek to relocate.  

Divorces can be tough on everyone in the family. For children, a divorce can be especially stressful. Many parents worry about their children when they decide to get a divorce, but children are unique. They may not initially react well to the change, but children are adaptable and will get used to their new living situation quickly. One of the best things you can do to help your child transition easily is making sure there is a sound parenting plan in place before you finalize your divorce.

What is a Parenting Plan?

In Illinois, all couples who have children and are filing for divorce must create a parenting plan before the divorce can be finalized. A parenting plan is a written agreement that outlines most things pertaining to the children of the marriage, including allocated parenting time and significant decision-making responsibilities.

Elements of a Parenting Plan 

Illinois courts urge couples to try to come up with a parenting plan between the two of them before any intervention happens. If the parents cannot agree on a parenting plan, they will be sent to mediation. If mediation still does not produce a parenting plan, then the judge will make decisions about the children that will go into the parenting plan.