Understanding the Rules of Parent and Child Relocation

 Posted on December 00, 0000 in Child Custody

Many things can trigger a move after a divorce - a new job, moving to be closer to family or even a new relationship. When a parent wants to relocate a child after a divorce, they must take certain steps to ensure that they are relocating the child legally and not in violation of any current parenting agreements.

What Is Considered Relocating?

According to Illinois law, you are considered to be relocating if you are moving more than 25 miles from the child’s original home if it is within Cook, DuPage, McHenry, Kane, Lake or Will counties or if the new home is out of state. The law also says that if the original home is not within the listed counties, a move is considered relocation if it is more than 50 miles from the child’s original home.

Who Can Seek to Relocate a Child?

Under Illinois law, the parent who has been allocated the majority of parenting time can ask to relocate a child. It also says that in the circumstance that both parents have equal parenting time, either parent can ask for a relocation.

Relocation Notice

The first thing a parent who wishes to relocate their child has to do is to notify the other parent in writing of the relocation. The notice must also be filed with the clerk of the court. The request must give at least 60 days notice prior to the relocation and must contain the date of relocation, the new address of the child if it is known and the length of the relocation if it is not permanent. It is important for parents to construct a proper notice because courts can use the parent’s failure to comply with the requirements without good cause as a factor in determining whether or not to allow the relocation.

Objections to Relocation

If the non-relocating parent signs the notice prior to filing it with the court, the relocation will be granted without further action from the court. If the non-relocating parent objects to the relocation, the relocating parent must file a petition to relocate. The decision to relocate the child then rests with the court, which will decide based on the child’s best interests. To determine what is in the child’s best interest, the court uses factors such as:

• The reasons and circumstances for the relocation;
• The reasons the parent is objecting to the relocation;
• The history of each parent’s relationship with the child;
• The current educational possibilities and possible educational possibilities at the new location;
• The location of extended family;
• The possible impact of relocation on the child;
• The impact on parental responsibilities of both parents;
• The wishes of the child;
• Possible parental responsibilities arrangements; and
• Minimization of hurting the parent-child relationship of either person.

Get Help from a DuPage County Family Law Attorney

If you have gone through a divorce, you know how complicated parenting plans are to not only set in place but to modify. A skilled family law attorney can help you with a contested relocation request. The Law Office of Matthew M. Williams, P.C. can assist you with drafting an accurate and effective relocation notice to make your move as easy as possible. Call 630-409-8184 to schedule a consultation.

Source:

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