Filing a Petition for Parental Relocation in DuPage County 

 Posted on July 07, 2022 in Divorce

Life circumstances sometimes change, and a divorced parent may need to petition the court for a parental relocation. The relocating parent may argue the move will improve the child's quality of life with opportunities such as a better school system or the parent's career advancement. The other parent may dispute the relocation for legitimate reasons, like economic or health challenges. Or, there could be a spiteful reason, such as the parent contesting the relocation to sabotage the ex-spouse's new life. Parental relocation disputes can be complex, especially when a child custody order needs a modification.

How the child will acclimate to the new environment is a significant concern. Luckily, protecting the child's best interests is a fundamental principle of the court. A family law attorney can help with the challenges of petitioning for a relocation. 

What the Illinois Parental Relocation Law Entails    

Temporary relocation – On January 1, 2022, an amendment to the Illinois Marriage and Dissolution of Marriage Act now permits a child's relocation to be temporary until the court reaches a final judgment. This relocation is permissible only if it fulfills the child's best interests. The original custody decree's parental responsibilities, like parenting time and decision-making, are upheld throughout the temporary basis of the relocation. Parents may move without permission if the move is less than 25 miles from a current residence in one of the collar counties or less than 50 miles from a residence in another Illinois county and not out of state. If the move exceeds the criteria, it is considered a relocation, necessitating permission from the other parent and the court. 

Persuasive Evidence When Petitioning Parental Relocation

If you want to petition the court to relocate with your child, consider the following factors:

• The court considers the child's wishes depending on the child's maturity and capacity to communicate cogent opinions. If the child prefers to relocate because the new location offers better education prospects, the court may regard that as a convincing argument.

• Implementing a holistic approach and compiling proof that the child's new school could be deemed superior to the current one can be beneficial. For instance, document the school's safety record, enrollment, sports and extracurricular activities, statistics of college graduates, and types of honor courses offered.

• Illustrate how your child's extracurricular activities will continue in the new location. Professing that your child may want to add an activity not offered in your current community may be a compelling argument. For instance, maybe the new town offers a different or more challenging opportunity, such as joining a winning hockey team or a qualified ballet school.

• Describe how the relocation will affect the child's relationship with extended family. If the relocation results in closer proximity to extended family, that may be advantageous. If not, propose a reasonable visiting time.

• Emphasize if your economic circumstances are to improve because of the relocation.

• Thoughtfully consider how the relocation will affect the other parent's parenting time and decision-making. Strategize a fair plan that the other parent finds reasonable. 

Contact a DuPage County Parental Relocation Attorney

At Pesce Law Group P.C., our family law attorneys are sympathetic to the needs of our clients and their children. We understand the stress associated with child custody disputes regarding relocation, and we are committed to achieving favorable results. If you need to petition for a parental relocation or contest one, contact an Oak Brook parental relocation lawyer at 630-230-8985 for a free consultation. 

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm 

https://www.illinoiscourts.gov/Resources/4ca8cce3-0af4-4661-acf6-3d12b5dea69d/2190949_R23.pdf