Factors That May Impact Relocation with Your Child

 Posted on October 21, 2021 in Child Custody

Studies have shown that children greatly benefit from the ability to maintain healthy relationships with both of their parents, even when those parents are divorced or were never married. Because of this, Illinois law has requirements in place that parents must follow if one parent wishes to relocate a great distance away from their child’s current home. This is especially significant when parental responsibilities and custody are shared. A skillful child custody attorney can help parents to better understand relocation and its requirements.

What Constitutes Relocation?

In the state of Illinois, relocation is established based on the number of miles the new home will be from the child’s original home. However, this number is not consistent throughout the entire state and varies depending on the county the home is located in. For instance, a move will be considered a relocation if:

• The child’s original home is in DuPage, Lake, Will, Kane, McHenry, or Cook Counties and the parent and child are moving more than 25 miles away while staying within Illinois.
• The child’s original home is in any other Illinois county and the parent and child are moving more than 50 miles away while staying within Illinois.
• The child’s original home is in any other Illinois county and the parent and child are moving to a new state more than 25 miles away.

Requirements for Relocation

A parent who is planning to relocate with their child must first provide the other parent with a written notice that includes the intended relocation date and the new residence address. The notice must be provided at least 60 days prior to the intended move date and should also be filed with the court. After it has been filed with the court and the other parent signs the notice, no further court action is necessary for the move.

However, further court action may be required under certain circumstances including, if:

• The non-relocating parent does not sign the notice
• The non-relocating parent disagrees with the relocation
• The parents cannot come to an agreement about the new parenting plan

Under any of these circumstances, the relocating parent will have to file a Petition to Relocate. It will then be the court’s responsibility to adjust the parenting plan based on the best interests of the child. In order to fulfill this duty, the court will consider numerous factors, including but not limited to the reason for the relocation, the anticipated impact the relocation will have on the child, possible reasons the non-relocating parent is objecting to the move, how the child’s educational opportunities may differ at the new location, and the relationship history and quality each parent shares with the child.

Contact Our Geneva Child Custody Attorneys

If you are a parent who wishes to relocate with their child to a new city or state or you are a parent who opposes your child’s relocation, it may be in your best interest to work with an experienced Batavia child custody attorney. At McSwain Rapp Law, LLC we can help protect your parental rights and fight for what is best for your child’s future. To set up a free consultation, contact our office today by calling 630-581-2877.

Sources:

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