What Restrictions Apply to Parental Relocations in Illinois?

 Posted on January 16, 2020 in Family Law

When a couple decides to end their relationship, it is probable that at least one of them will no longer live in the home they once shared. In some cases, both spouses may move out of the marital home following divorce and relocate to smaller dwellings. However, while moving to a new home may be necessary, parents should be aware of the restrictions that may apply when they plan to move with their children. In some cases, parental relocation may require approval from the court. If you are not sure how a potential move may impact your rights as a parent, you should speak with an experienced family law attorney to learn more about the child relocation laws in Illinois.

Why Do Relocation Restrictions Exist?

The parental relocation laws in Illinois have been put in place to protect a child’s bond with both of his or her parents. In cases that meet the criteria for relocation, the relocating parent must give the other parent at least 60 days' notice prior to the move, and they will need to receive approval from the court for any modifications to the parties' parenting plan. These restrictions ensure that all moves are made in good faith and that a proposed relocation will protect the best interests of the child. 

Do All Moves Require Approval From the Courts?

Under Illinois law, only certain relocations require court approval, and the need for approval will depend on the location of the child’s current primary residence and the distance of the proposed move. If the child resides in the metropolitan Chicago area (Kane, Lake, Cook, DuPage, Will, or McHenry County), then relocations are permitted up to 25 miles, even if they cross state lines. If the child does not live in the Chicago metro area, relocations are permitted up to 50 miles from the current residence. Any relocation outside of these parameters must receive approval from the court.

Steps for Seeking Approval for Relocations

It is common for parents to seek pre-approval for relocations. For example, a parent may receive a better job offer beyond the 25/50 mile radius. In these cases, a parent who is planning to move must submit a written notice to the other parent no less than 60 days before the intended move, and this notice should also be filed with the court. The notice must contain the date of the intended move, the new address, and the duration of the relocation (temporary or permanent). The non-moving parent may sign the notice and file it with the clerk of the court, and if a judge may approve any necessary changes to the parent's parenting plan, as long as they are in the child's best interests.

However, if the non-moving parent does not or will not sign the notice, the parent wishing to move must file a petition with the court. A hearing will be held, and during the hearing, a judge will decide whether to approve the move and make any requested changes to the parenting plan. The judge will consider the reasons for the move, the relationship the child has with both parents, the desires of the child, the potential impact on the child, and any other relevant factors that affect the child's best interests.

Contact a DuPage County Family Law Attorney

A relocation can impact everyone involved, including the moving and non-moving parent, their children, and other family members. At A. Traub & Associates, we strive to ensure that our clients’ best interests are protected. As experienced family law attorneys, we can guide you through the process of requesting or contesting a relocation, helping you reach an outcome that benefits both you and your children. To schedule a confidential consultation, call our Lombard, IL parental relocation lawyers today at 630-426-0196.

Source:

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