Illinois Laws Regarding Child Custody and Parental Relocations

 Posted on October 14, 2020 in Child Custody

If you are a parent who is unmarried, divorced, or planning to end your marriage, you may have questions about child custody. Disputes about the allocation of parental responsibilities and parenting time can be complicated and contentious. One issue that commonly arises is a parent wishing to move or relocate. If you or your child’s other parent is planning to move, you should know the laws in Illinois regarding parental relocations and how this may influence your parental responsibilities and parenting time.  

Defining “Relocation”

Considerable changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) went into effect in 2016. Among these changes was a total overhaul of how the state deals with parental relocations. Formally called “child removal,” moving with a child when you share custody can dramatically change the co-parenting situation. If a parent with the majority of parenting time, formerly called the “custodial parent” or a parent with equal parenting time wishes to “relocate,” there are certain steps he or she is required to take. A parental move is considered a “relocation” if:

• The parent currently lives in Cook County, Kane County, DuPage County, Lake County, Will County, or McHenry County and wishes to move to more than 25 miles away while remaining in Illinois.
• The parent currently lives in another Illinois county and wishes to move more than 50 miles away while remaining in Illinois.
• The parent wishes to move more than 25 miles away to a new residence outside of Illinois.

Relocation Requirements

If you are the parent with the majority of parenting time or equal parenting time and your move is considered a relocation, you will need to notify the other parent about the relocation at least 60 days in advance. You must tell the other parent the date you intend to move, your new address, and how long you plan to live in the new residence. If the other parent does not object to your relocation, you then make any necessary adjustments to your parenting plan and submit it to the court for approval.

If the other parent does object to the move, you will need to petition the court for permission to relocate. The court will consider many factors when determining whether to grant permission to relocate including:

• The reasons for the proposed relocation
• The reasons the other parent objects to the move
• Each parent’s current relationship with the child
• How the relocation may impact the child’s relationship with the other parent
• The educational opportunities available at the current residence and the proposed residence
• The child’s wishes

Contact a DuPage County Parental Relocation Lawyer

If you are the parent who is interested in relocating or you wish to object to a proposed relocation, Pesce Law Group, P.C. can help. Schedule a free initial consultation with a skilled Naperville family law attorney by calling our office today at 630-352-2240.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm