In the event a parent wishes to relocate after a divorce, doing so may considerably impact the current child custody and parenting time schedules imposed by the courts. As such, in Illinois, if a parent wishes to move with a child, they may need to provide notice to the other parent and obtain approval from the court before moving. Courts will ultimately consider if the move is in the best interest of the child and if an existing plan should be modified. Whether you have primary custody or not, talking to a Peoria County child relocation lawyer can help you understand and protect your legal rights in these matters.
How Does Relocation Affect Child Custody Agreements in Illinois?
A parent could have many good reasons for moving. However, when parents share custody and parental responsibilities in accordance with a court-ordered agreement, relocation can impact custody schedules, parenting time, and decision-making responsibilities.
Because the courts in Illinois often want both parents to remain actively involved in their child’s life, relocation typically requires additional legal steps before a parent moves.
Can a Parent Move Away After a Divorce?
- Parents may be allowed to relocate following a divorce, though certain moves involving children often require notice to the other parent or court approval by Illinois courts
- Illinois law typically requires advance notice to the other parent
- Court approval may be required if the move will substantially impact parenting time
- The primary concern of the court is the best interest of the child
- Existing parenting plans may need to be modified following a move
Does the Court Have to Approve a Custodial Parent’s Relocation Plans?
The noncustodial parent can object to the custodial parent’s relocation plans and bring them to court. When you get divorced and make your parenting plan, that agreement becomes a legally enforceable court order.
Your former spouse cannot act in a way that would make it impossible to adhere to that agreement. If relocation would result in considerable interference with the other parent’s parenting time, the court may need to approve the matter before the move can occur.
Important Takeaways Regarding Relocation and Custody
- Court approval may be necessary before relocating with a child
- The other parent has the right to object to the move
- Relocation cases are decided in accordance with the best interests of the child
- Judges will consider the benefits of the move, as well as the impact on the relationship between the child and their other parent
What Notice Must Be Given in Illinois Before Relocation?
In Illinois, including Peoria, Tazewell, and Woodford Counties, the law typically requires the moving parent to provide advanced, written notice to the other parent.
It’s important to understand that Illinois law defines relocation differently depending on the location where the child currently resides. For example, parents living in McHenry or Will Counties, relocation generally means moving more than 25 miles, while parents in Peoria and Tazewell will find that relocation means moving more than 50 miles.
Information Required in the Notice
- Proposed date of relocation
- New residential address, if available or known
- Expected duration of the relocation
- At least 60 days’ notice before the planned relocation, when possible
- Filing of the notice with the appropriate Illinois court
What Happens After Notice Is Provided?
- If both parents can agree, the parenting plan may be modified and submitted to the court for approval
- If the parent who is not relocating objects, the relocating parent typically needs to petition the court for permission to move
- The court may schedule a hearing to determine if this is appropriate
What Are Considered Good Reasons for Relocation?
There are many good reasons to relocate, so the court is not going to necessarily disapprove of a custodial parent’s plans to move just because it is inconvenient for the noncustodial parent.
Factors That May Support Relocation
- Better quality schools in the new location
- Improved job opportunities for the custodial parent in the new location
- Access to family members from either side of the family near the new location
- Increased financial stability
- Improved housing
- Enhanced quality of life for the child
- Access to specialized medical care
Relocation Factors Commonly Considered by the Courts
- The reason for the proposed move
- The child’s wishes, depending on their age and maturity
- The feasibility of preserving a relationship with both parents
- If parenting time can continue in a meaningful way
- The child’s ability to adjust to a new home, community, and school
How Do Illinois Courts Determine the Child’s Best Interests?
In any matter related to a child, including child custody determinations, visitation decisions, and relocation, the primary issue the courts must consider is the best interests of the children. Essentially, this requires the courts to prioritize the health, well-being, safety, and stability of the child above the wants and wishes of the parents.
Factors Evaluated by the Courts
- Emotional needs of the child
- Each parent’s ability to provide stability
- Family support systems
- Educational opportunities
- Physical and mental health of all parties
- The ability of both parents to cooperate
- The impact of relocation on parenting time for the non-custodial parent
What Factor Is Most Important?
- No single factor will determine the outcome of a court’s decisions
- All circumstances will be weighed together
- The child’s overall well-being remains the most important consideration
What Happens If the Non-Custodial Parent Moves?
A non-custodial parent can move without any kind of court order. They are supposed to stick to the visitation schedule, though, and a move of any significant distance can make that difficult.
In a situation like this, it may be necessary to change the arrangement. If both parents can negotiate and come to an agreement, they would just need to have it approved by a judge.
Parenting Plan Changes That May Be Necessary
- Extended summer parenting time
- Holiday schedule modifications
- Virtual visitation
- Transportation costs
- Alternative exchange locations
Connect with an Experienced Peoria County Family Law Firm
So whether you are thinking about moving or your ex has made relocation plans, you should talk to an attorney before making any major decisions. At Butler Giraudo & Meister, P.C., we understand how difficult these matters can be to navigate. As such, it’s in your best interest to schedule a consultation with our legal team. Contact us today to learn how we can represent you.
