Moving to a New Town? Make Sure You Know Illinois Parental Relocation Laws

 Posted on April 18, 2023 in Divorce

Whether it is because of a new job opportunity, a better school for your kids, or to be closer to family, it is not uncommon for parents to move. If you are co-parenting with an ex and you intend to relocate, it is important to understand your obligations under Illinois law. When a parent with the majority of the parenting time or an equal share of parenting time relocates, they may need to get permission from the court to do so. If the other parent agrees to the move and does not try to contest the relocation, the legal process is relatively straightforward. However, if the other parent contests the relocation, the situation can become more complicated.

When the Illinois Parental Relocation Laws Apply

If you are moving only a short distance away, you probably do not need to take any special steps in order to move. Illinois parental relocation law only applies to parents who are moving out of state or a significant distance away. If you live in one of the collar counties and you plan to move more than 25 miles away, this is considered a relocation. If you live outside of the collar counties, it is a relocation if the new residence is more than 50 miles away or more than 25 miles away and in a new state.

Steps to Take if You Want to Relocate

If you plan to move to a new home and the move meets the criteria for parental relocation, there are a few things you need to do. The first step is to send a notice of the relocation to your child's other parent. Ideally, you will give at least 60 days’ notice. But if you cannot do that, send notice as soon as possible. Tell the other parent when you are moving, the address of the new residence, and whether the relocation is permanent. If it is not permanent, let the other parent know how long you will be staying at the new location. If the parent signs the notice, you will file the notice with the clerk of the court and start packing boxes.

If the other parent contests the move or fails to sign the notice, you will need to get court permission to relocate. The court will consider the reasons you plan to move, the reasons that the other parent disagrees with the move, each parent’s relationship with the child, whether there are better educational opportunities for the child at the new location, and the child's preference, if he or she is old enough to have an informed opinion.

The court will also consider if there are extended family members at the child's current residence or the new residence. Courts always make determinations about parental relocations based on what is best for the child. If a parent wishes to move a child far away from all of his family members, the court will be less likely to agree to this. However, if there will be grandparents or other family members at the new location to help support the child, the court will be more likely to grant the relocation.

Contact Our Plainfield Parental Relocation Lawyer

If you want to move and you currently share custody with your child's other parent, we can help. Our Joliet family law attorneys are familiar with the complexities involved in parental relocation cases. We can represent you during any relocation hearings and help you build a strong case. Call 815-666-1285 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm