Relocation

Because divorcing parents are each establishing their own homes, the issue of relocating the children often arises.  The 2016 change to Illinois law lists new requirements for what parents with either equal or a majority of the parenting time must do prior to moving with the children. The new law applies to:
  1. Parents who live in Cook, DuPage, Kane, Lake, McHenry or Will Counties and are moving 25 miles from their current residence.
  2. Parents who live in Illinois counties other than the 6 Chicago & collar counties listed above and are moving more than 50 miles from their current residence.
  3. Parents who are moving more than 25 miles into another state.
If the move falls into one of the 3 categories above, the parent wanting to move with the children must provide at least 60 days' written notice, unless notice is impractical.  If the other parent approves of the move and signs the notice, the notice is then filed with the court and the Parenting Plan is modified to reflect the move.  If the other parent does not approve, the parent wishing to move must file a petition to relocate with the court.  The judge will then look to a number of factors to decide if the relocation is in the best interest of the children.  Some of the factors to be considered are:
  1. Reason for the move.
  2. Reason why a parent is objecting to the move.
  3. The history & quality of each parent's relationship with the child.
  4. Educational opportunities at the current & new locations.
  5. Extended family at the current & new locations.
  6. The anticipated impact of the move on the child.
  7. Wishes of the child if mature enough to to have a reasoned and independent preference.
If a parent wants to make a short, local move that does not fall into one of the 3 categories above, he or she does not need approval of the other parent or the court.  However, the new address should be provided to the other parent.
Because of the time and expense involved in moving, it is best to consult with an experienced family law attorney prior to any contemplated move to ensure that there is no violation of the Parenting Plan or other court order.