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DuPage County family law attorneyAfter a divorce, it is not unusual for the spouses to seek new beginnings. They may find new partners, look for new jobs, or move to a new town. Divorced parents, however, are not usually free to move their children with no strings attached. There are several circumstances in which a court may intervene - most importantly, if the parent with primary residential responsibilities wishes to move a significant distance or out of state.

The Rights to Parenting Time

The most common situations in which a child need to relocate are (1) when his or her parent remarries; and (2) when the parent or the parent’s new spouse receives a job offer in a different city or state. A parental move, however, can affect the parenting time rights of the other parents, which may be inequitable and unjust.

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DuPage County family law attorneyWhen you share parental responsibilities with your ex-partner, the decisions you make about your life affect more than just you. They affect your children and, in some ways, even your ex. Depending on what has happened between you and the other parent, you may not be too concerned with what he or she thinks about how you live your life. If you are subject to a court-sanctioned parenting plan, however, there are some limitations regarding what you can and cannot do without the court’s approval.

One such consideration addresses where you choose to live and whether you have the right to move once a parenting plan is in place. According to the law in Illinois, a move beyond a certain distance from your current home requires the consent of the other parent or the court.

Defining a Relocation

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DuPage County family law attorneyWhen your relationship with your child has been complicated by a divorce or a breakup, you probably treasure the time that you get to spend with him or her. This is especially true if the other parent has been allocated a majority of the parenting time and primary residential responsibilities. Despite the challenges, you understand how important it is to play an active role in your child’s life, giving him or her every chance to thrive, even following a difficult divorce. But what happens when the other parents that he or she would like to move with your child? Do you have any say in the matter? According to Illinois law, the answer depends on the circumstances.

Defining a Relocation

The Illinois Marriage and Dissolution of Marriage Act (IMDM) provides that a parent with a majority of the parenting time is permitted to move with his or her child anywhere within a certain radius from their current home. If, in your situation, the other parent wants to move outside of that radius, he or she must get your approval first. Specifically, you must be notified and provide your consent regarding a proposed move that is:

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