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Does Parent Relocation Affect Child Custody?

 Posted on October 24, 2023 in Relocation

DuPage County family lawyerIt is not uncommon for parents to want to move with their minor children while a family law case is pending. Though it may not affect the case outright, relocating with a child during an ongoing case is possible temporarily. Before final allocation judgment, a court can grant temporary relocation of a child as long as it is in the child’s best interests. Navigating Illinois parental allocation laws can be difficult. An experienced lawyer experienced in such legal matters would be a boon to your case.

Relocating After Parental Rights Allocation is Finalized

Any move after the allocation of parenting rights has been entered will require notification to the other parent. Parents with equal or majority parenting time must obey Illinois relocation laws in this matter, as a move is considered a change in a child’s primary address. It is considered a relocation if:

  • The parent moves outside of Illinois and more than 25 miles from the child’s current primary address; or
  • The parent remains in Illinois but more than 50 miles away or
  • The parent remains in Illinois but more than 25 miles away from a home where the current residence is in Kane, Lake, Cook, Will, or DuPage counties

Should the relocating parent stay within the radius restrictions, they will not need permission from the court to move.

The relocating parent must provide notice at least 60 days before moving unless a judge orders otherwise. The parent must include in their notice to the other parent:

  • The intended move date
  • The new address
  • How long the move is expected to last

The notice must be written, and a copy must be provided to the local circuit court. The court may consider a failure to comply with the notice as not acting in good faith.

How Does the Court Decide on a Relocation Request?

new move is considered a substantial change in circumstances regarding the modification of parental responsibilities. The Court must consider many factors when issuing a ruling.

The factors that go into consideration for a parent relocation are:

  • The reasons and circumstances for the relocation
  • A parent’s objection and their reasons for it, if any
  • Both parent’s history with the child under the current allocation of parental responsibilities
  • How the move may impact the child
  • The child’s access to educational opportunities in the new area
  • The child’s access to extended family in the new area
  • The possibility of a reasonable parenting schedule following the move
  • How to minimize the impact the move would have on the non-moving parent’s relationship with the child
  • What the child wants, so long as they are mature enough to make a sound decision

The relocating parent is required to file a petition to modify parenting time. The other parent could opt to request a revised schedule or to be given the majority allocation of parental responsibilities. The ultimate decision is up to the court, which will rule in favor of a child’s best interests.

Contact a DuPage County, IL Family Law Attorney

At Calabrese Associates, P.C., we understand the impact a parent’s relocation can have on both the child and non-relocating parent. As such, we can represent you in contesting a move or petitioning for relocation. An experienced Naperville, IL, parental relocation attorney can help with any modifications to your current parenting plan. Contact the office at 630-393-3111 for a further discussion on what we can do for you.

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