Parental relocation cases are particularly sensitive and complex in Illinois, as they directly impact parental time and responsibilities, as well as the well-being of the child involved. Relocating out of Illinois or even moving a significant distance within the state with a child after a divorce requires careful planning, legal understanding, and often, court approval.
Here’s a comprehensive guide to understanding how parental relocation works in Illinois and the importance of having an experienced family law lawyer to help you navigate this process.
Understanding Parental Relocation Laws in Illinois
In Illinois, parental relocation refers to the act of moving a child to a new residence that is either out of state or exceeds a certain distance from their current home. Under Illinois law, if the custodial parent or the parent with the majority of parenting time wishes to relocate, they must first provide notice to the non-custodial parent and, in many cases, obtain approval from the court.
The Illinois Marriage and Dissolution of Marriage Act outlines specific distances that constitute a relocation. Generally, if a parent is moving more than 25 miles from their current residence within Cook, Kane, Lake, DuPage, McHenry, or Will Counties, or more than 50 miles elsewhere in Illinois, it qualifies as a relocation. Understanding these guidelines is essential for parents considering a move.
The Notice Requirement: Informing the Other Parent
Before any relocation, Illinois law mandates that the relocating parent must notify the non-relocating parent of their intent to move. This notification must be in writing and include details such as the intended date of relocation, the new address, and the duration of the move if it’s temporary.
The written notice should be provided at least 60 days before the relocation, giving the non-relocating parent time to review the proposal. If the non-relocating parent agrees to the move, they may sign the notice, allowing the relocating parent to move without a court hearing. However, if they object, a court hearing is typically required to resolve the dispute. Consulting with an experienced family law lawyer can help ensure that the notice process is handled legally and efficiently.
Preparing for the Court Hearing: Factors That Influence the Court’s Decision
If the non-relocating parent objects to the move, the case will go to court, where a judge will decide whether the relocation is in the child’s best interest. Illinois courts consider several factors in relocation cases, including:
- The Child’s Relationship with Each Parent: Judges look at how the move will impact the child’s relationship with the non-relocating parent and any siblings. If the relocation would significantly limit parenting time or alter a close relationship, the court may be hesitant to approve it.
- Educational and Extracurricular Opportunities: Courts will assess the quality of educational and extracurricular opportunities in the new location compared to the child’s current environment. For example, if a parent is relocating to a city with better school options, this could weigh positively in the decision.
- Financial and Career Stability for the Relocating Parent: If the relocating parent is moving for a job opportunity that provides greater financial stability, the court may consider this a beneficial factor. A family law lawyer can help present the benefits of the new opportunity in court.
- Impact on Extended Family Relationships: Extended family relationships often play a significant role in a child’s life, and moving may limit their access to these relatives. Courts consider the child’s ability to maintain contact with extended family in the current and proposed locations.
- The Child’s Preferences: If the child is mature enough to express a reasonable preference, the court may consider their opinion, although it is not the sole deciding factor.
Each case is unique, and having a skilled family law lawyer can help present a comprehensive view of the relocation’s benefits to the court while addressing any potential drawbacks.
The Role of Mediation in Parental Relocation Cases
In some cases, parents can resolve their differences regarding relocation through mediation rather than going to court. Mediation allows both parents to discuss their concerns with a neutral third-party mediator who helps facilitate an agreement that works for both parties and is in the best interest of the child.
For example, a parent who wishes to relocate out of state may agree to an arrangement where the non-relocating parent receives extended summer visitation or additional holiday time with the child. This compromise can prevent the need for a court battle and maintain a more positive co-parenting relationship. A family law lawyer can guide parents through mediation, helping them reach an agreement that keeps their child’s well-being as the priority.
Alternative Solutions When Full Relocation Is Not Approved
If the court denies full relocation, parents may consider alternative arrangements that allow for partial relocation or additional flexibility in their parenting plan. For instance, if a parent needs to move for work but cannot gain approval for a full relocation, they may seek permission for an adjusted custody schedule that includes extended time for the non-relocating parent during school breaks.
In some cases, parents have arranged for temporary relocations, where a parent and child live in the new location during the school year and return during the summer, allowing both parents to maintain a relationship with the child. Consulting with a child custody lawyer can help navigate these alternative solutions while ensuring that both parents’ rights and the child’s needs are considered.
Parental Relocation and Modifications to Child Support and Custody
Relocating often leads to changes in child custody arrangements and sometimes even child support. For example, if a parent moves far away and has the majority of parenting time, the non-relocating parent may incur additional travel expenses for visitation, which may need to be factored into child support calculations.
Additionally, the relocating parent may need to modify the custody arrangement to accommodate the move. Courts generally require that any changes align with the child’s best interest and ensure that both parents have access to their child, even if that means adjusting the visitation schedule. A family law lawyer can guide you through this modification process, ensuring all changes are compliant with Illinois law.
Protecting Your Rights with Legal Guidance
Relocating with a child after a divorce in Illinois is rarely straightforward, especially when the non-relocating parent objects to the move. Working with an experienced family law lawyer can be critical to navigate these challenges and protect your rights. A lawyer familiar with Illinois’s parental relocation laws will help you understand each step, gather and present necessary evidence, and build a strong case for court if required.
If you’re the parent opposing the move, a lawyer can represent your interests and argue on behalf of maintaining your relationship with your child. Legal support ensures both parents’ rights are protected and that all decisions reflect the child’s best interests.
Questions About Child Relocation? Contact Katz, Goldstein & Warren Law Firm: Your Skilled Family Law Attorneys in Bannockburn, IL
If you’re considering relocation with your child after divorce, having experienced legal support can make all the difference. The team at Katz, Goldstein & Warren is dedicated to guiding Illinois residents through complex relocation cases with compassion and experience.
Call us today at 224-422-2694 to discuss your case and ensure your rights are protected every step of the way.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.