How Could a Job Transfer Affect Parenting Time?

 Posted on October 25, 2024 in Allocation of Parental Responsibilities

Perhaps your divorce has been over and done for months or even years. You and your ex have learned to at least tolerate one another to co-parent your child, and things generally go fairly smoothly. You have primary residential custody of the child, while your ex has liberal parenting time. While your agreement is not strictly 50/50, it is close. Then, one day, your boss tells you that you are being transferred to another state.

You have worked hard for many years to get to this point in your career, and the transfer is a promotion with a substantial salary increase. Even better, you will be close to your parents and other extended family members, and the school your child will attend is a definite upgrade. Unfortunately, when you bring up the situation with your ex, he becomes angry and basically tells you, "No way."

At this point, you become angry as well because he is refusing to see how important this job transfer could be for your career – and how good it could be for your child as well. If you are in a similar situation and have reached a stalemate with your ex, it is time to speak to a North Aurora, IL parenting time attorney from The Law Office of Matthew M. Williams, P.C..

Is Court Approval and Parental Approval Required in Illinois for a Move?

Under Illinois law, court approval is necessary when your move would exceed a 25 or 50-mile distance threshold (depending on your county) from where you currently live. The parent who wants to move must provide a written notice to the other parent 60 days prior to the move. This notice must include details like when the move will take place and your new address. If the other parent has no objection, then the relocating parent must seek court permission to determine whether the move is in the child’s best interests.

A parent who has primary residential custody or parenting time may seek to relocate with the child, but doing so without express permission from the child’s other parent and the court could result in kidnapping charges. If the child’s other parent refuses to agree to the move, the relocating parent must file a petition that details the reasons for the move and proposes a new parenting plan. A hearing date will be set, and the court will decide based on the child's best interests. The court will consider the following factors:

• The reasons the parent wants to move

• Why the other parent objects to the move

• The history of each parent’s relationship with the child

• The quality of each parent’s relationship with the child

• Whether the move offers significant educational opportunities for the child

• Whether there are extended family members at each location

• The expected impact of relocation on the child

• How parental responsibilities will be allocated if the move is allowed

• The child’s wishes if he or she is old enough or mature enough to express an opinion

• The extent the child’s relationship with the non-moving parent will be adversely impacted

• Other factors relevant to the child’s best interests

The judge could determine that taking the child away from his or her other parent is not in the child’s best interests and deny your request. If this is the case, you would be forced to turn down the job transfer or take the transfer but allow your ex to have primary residential custody of the child while you would have parenting time. If the judge believes the move is in the child’s best interests, you could be asked to pay for the child to travel to see his or her other parent or for the parent to travel to see the child.

Contact a Kane County, IL Parenting Time Lawyer

This situation can definitely benefit from having a Geneva, IL, parenting time attorney guide you through the process. Attorney Matthew M. Williams focuses his family law practice on mediation and collaborative divorce to reduce costs and make the process easier and less contentious. Choosing The Law Office of Matthew M. Williams, P.C. ensures you will have an attorney who will work hard on your behalf for the best outcome possible. Call 630-409-8184 today to schedule an initial meeting with an experienced attorney.