How Does Relocation Affect Custody Agreements After Divorce?

man with moving boxes

A parent could have many good reasons for moving. They still have to clear relocation plans with the court if they are divorced and have a parenting plan with their former spouse. It’s obviously unfair to move far away so that noncustodial parents can never see their children. Whether you have physical custody or not, this is what you should know when talking to a Tazewell County child relocation lawyer.

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 got a divorce and made your parenting plan, that was a legal agreement. Your former spouse cannot act in a way that would make it impossible to adhere to that agreement, and that includes moving your children far away from you for no good reason. They are going to need a court order to move out of Illinois and they are going to have to show a judge that they have valid reasons to do so.

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. A judge can consider factors like:

  • The quality of the schools in the new location
  • Job opportunities for the custodial parent in the new location
  • The presence of family members from either side of the family near the new location

The real issue is the best interests of the children. If the custodial parent is moving for a good reason and that would give the children a better life, that is seen as a valid reason for relocation. If a parent wants to move and doesn’t give any real reason why, then it is easier for a non-custodial parent to protest the move.

The court, in most cases, wants both parents to be involved in a child’s life. If a relocation plan makes it difficult for one parent to see their children, it needs to be carefully considered before anyone can move out of state. Then if one parent does move far away from the other, then a custody and visitation agreement will probably need to be rethought.

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.

Talk to a Family Law Attorney

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. Contact Butler Giraudo & Meister, P.C. to schedule a consultation with our legal team.

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