When Can My Child’s Other Parent Relocate Following Our Divorce?

 Posted on April 30, 2020 in Post-Decree Matters

A parent’s worst fear is waking up one day and finding their child is gone. The only way that most parents can foresee this happening is if their child is abducted by a stranger. However, kidnapping can also be done by someone you know, including your child’s other parent. If one parent decides to move to a new location with the child without the other parent’s permission, they are kidnapping their own child. In some cases, parents may choose to move with their child without realizing that this could pose an issue, but it is important to understand that a distinct legal process must be followed in parental relocation cases.

What Is Parental Relocation?

The state of Illinois does not restrict parents from moving down the street or across town with their child, and many recently divorced parents will move from their previous residence to pursue a fresh start as a single parent. However, if a parent who has primary custody of their child, or who shares custody with the other parent, plans to move a certain distance, they must receive permission from either the other parent or from the court to ensure that both parents can continue to share in parental responsibilities and parenting time. The following situations are considered parental relocation under Illinois law:

1. The child lives in Cook, DuPage, Kane, Lake, McHenry or Will County, and their new home will be more than 25 miles from their previous residence;
2. The child lives in a different county than those listed above, and their new home will be more than 50 miles from their previous residence; or,
3. The parent is moving outside of Illinois, and their new residence will be more than 25 miles from their previous residence.

How Can a Relocation Get Legally Approved?

There are multiple ways to have a parental relocation request approved, not all of which require going to court. Every intended relocation that falls into one of the 3 categories described above requires that an official request be filed with the court and sent to the child’s other parent. This notice must be provided 60 days before the intended move, and it should include the relocation date, the new address, and the intended length of stay if the move will not be permanent. 

If both parents agree to the relocation, the notice may be signed and filed with the court, and their existing parenting plan may then be modified as needed, as long as the court agrees that these modifications are in the child’s best interests. However, if the non-relocating parent does not agree with the request, they can then take the other parent to court to fight the request. When deciding whether to grant the request for relocation, a judge will look at the requesting parent’s reasons for moving, the other parent’s reasons for contesting the move, the educational opportunities available to the child at both locations, and other relevant factors to determine whether the relocation is in the child’s best interests. 

Contact an Oak Park Parental Relocation Lawyer

In many cases, divorced parents remain fully invested in their child’s life, and they will want to ensure that they can maintain parent/child relationships. At the Law Office of Vincent C. Machroli, P.C., we can help you send or respond to a relocation request, and we will work to ensure that your parental rights will not be negatively affected. Contact our Hillside family law attorney who has handled these matters since 1988 at 708-449-7404 for a free consultation today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K600

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

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000