Divorced Illinois Parents May Need to Get Court Permission to Move

 Posted on January 30, 2023 in Divorce

Anything from a new job to a new relationship may prompt a change in residence. If you are a divorced parent currently sharing custody of your child with an ex, it is important to understand Illinois laws regarding child relocations.

Co-parents have certain rights and responsibilities regarding child relocations, previously called child removals. In some situations, a parent must get permission from the other parent as well as the court before relocating with his or her child to a new residence.

Relocation Requirements Depend on the Distance Between the Two Homes

Illinois laws prioritize a child’s best interests above all other factors when it comes to child custody or other child-related legal matters. Taking a child away from one of his or her parents can be quite stressful for the child (and the parent). Consequently, courts require parents to meet certain criteria before moving with a child.

Special relocation requirements are triggered if a parent has the majority of the parenting time or an equal amount of parenting time and wishes to move a significant distance.

Specifically, a parent will need court approval to move if:

• The parent lives in a collar county of Chicago such as Kane County or DuPage County and wishes to move more than 25 miles away.
• The parent lives in an Illinois county other than the collar counties and wishes to move over 50 miles away.
• A parent lives in Illinois and wishes to move out of state to a residence that is more than 25 miles away.

If any of these statements apply, the parent must notify the other parent and the court about the intended relocation. If both parents agree to the relocation and the court believes that the relocation is in the child’s best interests, the court will grant the relocation. However, if the other parent objects to the relocation, a hearing must be held to determine whether the relocation should be granted.

Factors Considered by Illinois Courts During Relocation Hearings

If one parent wishes to relocate but the other parent objects, the court will have the ultimate say. Each parent will be given an opportunity to state his or her case. The judge will listen to both parents’ arguments for and against relocation and evaluate all of the evidence presented.

The judge will consider the reason for the proposed move and why the other parent objects to the move, the educational opportunities at the proposed location versus the current location, and each parent’s relationship with the child. If the child is old enough to express an opinion, the judge will also consider the child’s wishes in order to make a decision.

Contact our St. Charles Child Relocation Lawyer for Help

Our Kane County family law attorneys provide skilled legal representation and assistance to parents in a wide range of family law matters. If you want to move with your child or your child’s other parent wishes to move, Shaw Sanders, P.C. can help you understand all of your legal rights and options. Call our office at 630-584-5550 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm