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11 Factors Courts Consider When Ruling on Child Relocation

Posted on in Relocation

11 Factors Courts Consider When Ruling on Child RelocationIllinois law prohibits a divorced parent from relocating with a child without notifying the other parent and receiving court approval. There are no exceptions for cases in which the other parent has little parenting time with the child or is deemed unfit. Unless the other parent has lost his or her parental status, a relocation order must be obtained if a parent wishes to move a child:

  • More than 25 miles if living in Cook, DuPage, Kane, Lake, McHenry or Will County;
  • More than 50 miles if living in any other county in the state; or
  • More than 25 miles if the new location is in another state.

Child relocation disrupts the allocation of parental responsibilities for the other parent. Regular parenting time may be impractical if the child lives too far away. However, the relocating parent and the child may benefit from the move. Illinois law lists 11 factors that a court should consider when deciding on a child relocation request:

  1. The Reason for the Move: The relocation should have some direct benefit for the parent or child. For instance, a parent may relocate because of a new career opportunity that will allow him or her to better support the child.
  2. The Reason for the Objection: If the parent who is not relocating wishes to block the move, he or she can explain how the move would disrupt his or her parental rights.
  3. Parental Fitness: The court will examine whether either parent has a history of not fulfilling his or her parental responsibilities.
  4. Educational Opportunities: The court may favor a move that puts a child in a better school district.
  5. Extended Family: It is often beneficial for a child to live near other relatives. The court will consider whether the move results in the child being closer or farther away from relatives.
  6. Impact of Relocation: A move may improve a child’s standard of living but may also be emotionally traumatic.
  7. New Parenting Agreement: The move would likely require changing the allocation of parental responsibilities. The court wants to see whether the parents can still create a reasonable agreement.
  8. Child’s Wishes: The court will only consider what the child wants if the child is mature enough to give a reasoned explanation.
  9. Appropriate Arrangement: The moving parent must have the necessary resources in order to support the child in the new location. A younger child may struggle with a more disruptive parenting arrangement that results from the move.
  10. Continued Relationship: The court wants to minimize any effect that the move would have on the relationship between the child and the objecting parent.
  11. Other Factors: Either parent can present other reasons that moving or not moving would be in the best interest of the child.

Relocation Orders

Moving a child to a new home will have a profound effect on his or her life and relationship with both parents. A DuPage County family law attorney at Calabrese Associates, PC, can assist you in obtaining or denying a relocation order. To schedule a consultation, call 630-393-3111.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

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