Relocation During Divorce

If a divorced parent has secured a new job or is simply seeking a change of scenery, he or she is free to move about as he or she pleases. It is only when a parent wishes to relocate?with?a child?that specific procedures must be followed before any move is made. In Illinois, a parent wishing to move with a child must provide notice to the other non-primary parent and obtain that parent’s consent or obtain court approval.

Generally speaking, the consent of the non-primary parent (aka the non-custodial parent) or court approval is not required for a relocation 25 miles away or less from the child’s current home. If the child’s current residence is located in Cook, DuPage, Kane, Lake, McHenry, or Will County, it is mandatory to obtain permission from the court for any relocation over 25 miles. For all other counties, only a relocation beyond 50 miles of the child’s home requires legal approval.?

A relocation that crosses state lines will always need the non-primary parent’s consent or, if there is no consent, be presented to a judge regardless of distance. It is worth noting that approval for a relocation across state lines depends on several factors.? One of the most significant factors is whether a realistic and reasonable visitation schedule can be reached if the move is allowed.?

Other considerations include the reason for the move, the motives of the non-primary parent in resisting the move, whether or not the move will enhance the child’s and primary parent’s quality of life, and, depending on the child’s age, the child’s wishes.?

Should you wish to qualify for relocation under Illinois law or need approval by the courts, strict protocol must be followed. This protocol is necessary in order to prevent any unnecessary conflict between partners and maintain the emotional wellbeing of the child. The relocating parent is obligated to provide the other parent with no less than 60 days’ written notice. This notice must include the intended date of the move, address of new residence, and how long the relocation will last. A copy of this correspondence must be filed with the local circuit court.?

Parents should never opt to relocate with their child over 25 miles without obtaining the other parent’s consent or consulting the courts. Such action could result in severe repercussions like loss of child custody or even criminal charges of parental kidnapping.

The Illinois relocation statute automatically considers a relocation to be a substantial change of circumstances. A substantial change of circumstances is one of the prerequisites for modifying an existing custody order. Parents should expect their current parenting plan to be modified and reviewed by a judge. If the parents cannot come to an agreement on alterations to their parenting plan, a judge will have to decide for them.?

A relocation will be denied by the courts if the judge believes the move would harm the child. For example, if the child will not have a stable home or proper access to education, it is likely the move will be legally prohibited. Children who are already in fragile states - mentally and/or emotionally - will most likely not be permitted to relocate with the parent.?

Should you require any assistance navigating a relocation, I am here to help: [email protected]