Following your divorce, it is likely that you or your ex-spouse will plan to move to a new home at some point. This is a normal activity, and a relocation may be planned for multiple reasons, such as to begin a new job, to be closer to family or a new partner, or to live in a larger, more comfortable home. However, parents should be aware that a move may require them to make changes to their parenting plan, and in certain cases, they will need to get approval from the court to complete a parental relocation.
When Is Approval Required for Parental Relocation?
A move to a new home is only considered parental relocation if a parent who has the majority of parenting time or shares equal amounts of parenting time plans to move to a new home a certain distance away from the child’s current home. For those who live in counties around the Chicago area (Cook, DuPage, Kane, Will, Lake, or McHenry), a move of at least 25 miles will be considered a relocation. Relocation rules will also apply to a move of 50 miles or more from another Illinois county or a move of at least 25 miles to a location outside of Illinois.
At least 60 days before moving, or at the earliest practical date within 60 days, a parent must notify the other parent and the court where their divorce case was heard. If the other parent does not object to the relocation, and a judge agrees that the move would be in the child’s best interests, the relocation will be approved. If the other parent objects, a court hearing will be held, and the judge will decide whether to grant the move based on a consideration of several factors, including the reasons for the planned move, the reasons the other parent is objecting, the ways the move is expected to affect the child, and whether changes can be made to the parenting plan that will minimize the negative effects on parent-child relationships.
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