Families commonly move to new homes for a variety of reasons, including when a parent is pursuing employment opportunities or because a person wants to live closer to their extended family members. Moving is a decision that married couples or unmarried partners make together. However, it can become more complicated for divorced parents or unmarried parents who do not live together. One parent’s choice to move could affect the other parent’s ability to spend time with the couple’s children, especially if they plan to move a significant distance away from where they currently live. In these situations, a parent may need to request a parental relocation officially. The case may need to be heard in family court, where a judge will decide whether to allow the move and determine how to modify the couple’s parenting plan.

Factors Considered in Parental Relocation Cases

When a parent plans to move, and they have the majority of the parenting time with their children or an equal amount of parenting time as the other parent, they must notify the other parent at least 60 days before the date they will be moving. For parents who live in DuPage County or other nearby counties, moving at least 25 miles away from their current home will be considered parental relocation. If the other parent objects to the move, the parent who is planning to move must file a petition in family court asking for permission to relocate.

A family court judge will consider the following factors to determine whether allowing a relocation and modifying a couple’s parenting plan will be in the child’s best interests:

Parents who decide to end their marriage and get a divorce will need to address multiple legal issues. Child custody is one of the most important aspects of a divorce case. However, the laws in Illinois use some terminology that may be unfamiliar to many parents, so it is important to understand exactly what will be addressed in these matters.

Understanding the Allocation of Parental Responsibilities

The Illinois Marriage and Dissolution of Marriage Act (IMDMA), the law that governs divorce cases, does not use the term “child custody.” Instead, it refers to the “allocation of parental responsibilities.” Parents will need to address two separate types of parental responsibilities: decision-making and parenting time.

Decision-making refers to what is commonly called “legal custody.” It addresses the parents’ rights and responsibilities in making major decisions about their children’s lives. The IMDMA specifies that there are four areas where parents will make decisions regarding their children: education (where children will go to school, whether they will receive tutoring, etc.), religion (whether children will attend church or other religious services and receive religious training), healthcare (what doctors children will see and what types of medical, dental, orthodontic, or mental health treatment they will receive), and extracurricular activities (the sports, music lessons, drama clubs, scouting organizations, or other activities children will participate in outside of school).

During a divorce, child custody is often one of the most important concerns that a couple will need to address, but it can also be one of the most divisive issues. When the relationship between parents has broken down, they will be unlikely to agree about what is best for their children, and each parent may believe that they should be granted sole or primary custody. Those who are going through a divorce will need to understand how the law applies to their situation, and by working with an attorney, they can ensure that their parental rights will be protected while also arguing for what is in their children’s best interests.

Allocation of Parental Responsibilities and Parenting Time

Child custody consists of two separate, but related, issues. Legal custody, which is known in Illinois as the “allocation of parental responsibilities,” addresses the decisions parents make about their children’s lives, including their education, the medical care they will receive, religious practices or training, and the extracurricular activities they will participate in. Physical custody, which is known as “parenting time,” is the time children will spend in the care of each parent. During their parenting time, each parent will have sole responsibility regarding the routine decisions about children’s day-to-day lives, as well as the right to make emergency decisions about children’s health and safety.

While it is possible for one parent to be granted sole legal custody, courts usually believe that it is in children’s best interests for both parents to be involved in children’s lives, and parents will usually share parental responsibilities. However, different areas of responsibility may be allocated solely or primarily to one parent in some cases. For example, if only one parent had been involved in the children’s education during their marriage, such as by helping with homework and attending parent-teacher conferences and school events, that parent may be allocated sole responsibility in this area.

When parents choose to get divorced, they will need to address a wide variety of legal issues related to their children, and they will need to determine how they can continue to work together as co-parents to meet their children’s needs in the years following the end of their marriage. Since divorce can be an emotional and stressful process, parents’ negative attitudes toward each other may spill over into their interactions with their children and affect children’s relationships with both parents.

When one parent attempts to negatively influence their children’s attitudes toward the other parent, this is known as parental alienation. Whether it is done intentionally in hopes of gaining an advantage in decisions about child custody or is a by-product of a parent’s emotional difficulties during the divorce process, parental alienation should be addressed promptly to ensure that it does not cause harm to the children or affect the other parent’s parental rights.

Signs of Parental Alienation

Parental alienation can take a variety of forms. It can involve overt comments by a parent about their former partner to their children, such as blaming them for the divorce or claiming that they do not love their children or want to spend time with them. In many cases, parental alienation is more subtle, consisting of activities such as removing a parent as a contact at children’s schools or scheduling activities that the children would enjoy during the other parent’s parenting time.

If you have recently ended your marriage, or if you are currently going through a divorce, you may be dreading the holiday season. As a newly single parent, you may still be adjusting to spending less time with your kids, and the prospect of being alone during a time that had previously been focused on family may have you stressed out. When adding these concerns to the ongoing risks that everyone is facing during the COVID-19 pandemic, you may be wondering how you will get through the coming weeks. However, by making the right preparations, you can not only survive the holidays, but you can begin the next year on the right foot.

Suggestions for the Holidays After Your Divorce

Here are some tips you can follow during this time:

1. Plan parenting schedules in advance - You and your former spouse may have already reached an agreement on how your children will divide their time between the two of you, or you may still be hammering out the details of your parenting plan. You will want to be sure to understand which days your children will spend with each of you during the holidays, how children will be transported between your homes, and any other details, allowing you to avoid conflict with your ex. You should also share this schedule with your children so they know what to expect.

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