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Naperville IL family law lawyerFollowing 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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Settling Parental Disputes Across State LinesDisputes involving the allocation of parental responsibilities become more complicated when one of the parents moves to a different state. Relocating with a child from Illinois to another state requires court permission, decided by what is in the best interest of the child. If the relocation is approved, there are new questions about:

Most states in the U.S., including Illinois, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act to set guidelines for co-parenting across state lines.

Jurisdiction

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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

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