Parental Relocations: Who Else Will Be Nearby?

 Posted on December 00, 0000 in Parental Rights

Under Illinois law, if you are subject to a parenting plan or child custody order and you wish to move to a new city or state with your child, you will probably need the permission of the other parent to do so. If the other parent does not consent to your move, you have the option of asking the court to override his or her objections. When the court takes up a relocation case, it must give consideration to a number of factors to determine if the relocation will ultimately serve the child’s best interest.

Relocation Defined

The Illinois Marriage and Dissolution of Marriage Act provides that a relocation is more than just a simple move. You are permitted to move with your child within a certain radius of current home without needing anyone’s approval. If your move exceeds that radius, however, it is considered a relocation by law. A parent with the majority of the parenting time or equal parenting time must seek the other parent’s consent—or that of the court—for a move with the child that is:

• More than 25 miles from a home in Cook, DuPage, Kane, Lake, McHenry or Will County to a new home within Illinois;
• More than 50 miles from a home in any other county to a new home within Illinois; or
• More than 25 miles from a home in any Illinois county to new home outside of Illinois.

Family Considerations

In making a decision regarding a relocation, the court will look at a number of things, including the reasons for your move and how you will be able to provide for your child. You must also be willing to foster a continued relationship between your child and the other parent despite the new distance.

One of the other major factors that the court will take into account is the presence or absence of the child’s extended family at your current home and in the proposed new location. If you are looking to move to an entirely new region of the country where you do not know anyone or have any family, the other factors must be that much more convincing. By comparison, if you have proposed a move to an area near grandparents, aunts, uncles, and cousins, your relocation is likely to be viewed more favorably.

Of course, it is unlikely that a single factor will make or break your case. All of the relevant factors must be considered in determining what will best serve your child’s needs.

We Can Help

If you are considering a relocation and have questions about the process, contact a DuPage County family law attorney to get the answers you need. Call 630-409-8184 for a confidential consultation at the Law Office of Matthew M. Williams, P.C. today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000