Can I move and still retain 50/50 parenting time in Illinois?

Obtaining a 50/50 schedule is often an important step in ensuring that you are a part of your child’s life and get to see them often. Sometimes circumstances change, however, and a move further away from them becomes necessary. When this happens, parents often wonder exactly how far they can move and still retain 50/50 custody.

The first thing to consider when answering this question is what your parenting plan says about relocation. The allocation of parenting responsibilities and parenting time that the court set forth at the end of your divorce governs your actions as they pertain to your child moving forward. If the parenting plan doesn’t dictate whether you are able to move, you must follow the steps provided by the Illinois Marriage and Dissolution of Marriage Act.

First, you must provide notice of your intended move to the other parent with at least 60 days’ written notice before the relocation (unless such notice is impracticable). In the event the non-relocating parent does not agree to the relocation, you must seek the court’s permission to relocate with the children.

If you are granted a relocation, whether you can maintain a 50/50 parenting schedule rests largely on the facts and the children’s best interests. Suppose moving prohibits you from maintaining the parenting time and responsibility agreements set forth in the parenting plan, and you are unable to agree on a schedule with the other parent. In that case, the court will likely have to modify the parenting schedule in light of the new distance between the parties.

If you are worried about moving or are having difficulty moving forward due to objections from your co-parent, speaking with an experienced attorney is the best option. The team at Peskind Law can help you understand your options and how they might impact your parenting plan.