What Are the Rules of Relocation After a Divorce in Illinois?

 Posted on November 20,2020 in Child Custody

It is rather common for people to move after they divorce. Sometimes, they move due to a new job or promotion, and other times, they move to be closer to family. Whatever the reason, there are certain rules parents must follow when they wish to relocate with their child. Any parent who has been allocated the majority of or equal parenting time can seek to relocate with his or her child, but there are certain procedures that must be followed.

The Definition of “Relocation”

Under Illinois law, a relocation is defined as a move of a certain distance by a divorced or single parent who is subject to a co-parenting plan and who has at least half of the parenting time with his or her child. Specifically, a move is considered a relocation when such a parent moves with his or her child more than 25 miles from a home in DuPage, Cook, Kane, McHenry, Lake, or Will Counties, or more than 50 miles from a home in any other Illinois county to a new home somewhere else in Illinois. A move is also a relocation if the parent moves more than 25 miles from a home anywhere in Illinois to a new home in another state.

Factors for Relocation

The parent seeking to relocate usually must provide written notice at least 60 days before the relocation. If the child’s other parent agrees to the relocation, signs the notice, and files it with the clerk of the circuit court, then the relocation will be allowed as long as it is in the child’s best interests. 

If the child’s other parent does not agree to the relocation, the parent seeking to relocate can request that the relocation be granted anyway. In this case, the court will review a variety of factors to determine whether or not the relocation would be in the child’s best interests. These factors include:

• The circumstances leading to the parent relocating with the child

• The reasons why the other parent objects to the relocation

• The history and current status of the relationship between the child and each parent

• The educational opportunities that are currently available to the child and those that would be available at the new residence

• The presence or absence of extended family at the current location versus the new location

• The anticipated impact the relocation would have on the child

• Whether or not an agreeable allocation of parental responsibilities would be possible if the relocation took place

• Whether or not the wishes of the child are met, taking into account the child’s age and maturity level

• Whether or not a plan could be made to minimize the impairment of either parent-child relationship if the relocation occurred

• Any other factor that the court deems to be relevant to make this decision

Contact a DuPage County Parental Relocation Attorney

There are many reasons why a parent might want to relocate with their child, but both parents are not always in agreement on the matter. At Andrew Cores Family Law Group, we can help parents seeking to relocate with their child as well as parents who are fighting to keep their child near them. Our team of compassionate Wheaton, IL parental relocation lawyers understands that the parent-child relationship is extremely important for a child’s growth and development. Contact our office today at 630-871-1002 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59