Custody and Relocation: Can You Move Out of State With Your Child?
If you’re divorcing or divorced and share children, you may be concerned about how that impacts your freedom to relocate. Under the Illinois Marriage and Dissolution of Marriage Act, “relocate” has a specific meaning. In other words, not every residential move is considered a relocation. That’s important, because certain steps are required for relocation that aren’t required every time a parent moves.
What Constitutes Relocation in Illinois?
Until 2016, a custodial parent could move anywhere in the state of Illinois, but required court permission to move out of state. This somewhat arbitrary standard meant that a parent could move the 250 miles from Naperville to Edwardsville without consulting the court, but would need permission to move just eight miles from South Holland to Hammond, Indiana.
Today, Illinois applies a more practical standard that takes into account the impact on access for the other parent. The exact standard varies depending on where the child’s current primary residence is located. The general rule is that a move is considered “relocation” if:
- The move is to a different state than the child’s current primary residence, and is also more than 25 miles from the child’s current primary residence, or
- The move is within the state of Illinois and is more than 50 miles from the child’s current primary residence
However, if the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry or Will County, a move within the state will be considered relocation if the new residence is more than 25 miles from the child’s current primary residence. In other words, for those whose children are currently residing in one of the listed counties, any move of more than 25 miles will be considered a relocation, whether it’s within Illinois or across a state line.
What is Required to Relocate with a Child?
A parent who has equal or greater parenting time must follow certain steps. The process begins with the parent who plans to relocate providing written notice to another parent who is subject to a parenting plan or allocation order. The notice must include the date the parent plans to relocate, the address of the new residence (if known), and information about the duration of the relocation. In most circumstances, the notice must be provided at least 60 days before the planned relocation.
What Happens after the Notice?
The best case scenario for a parent who wants to relocate is that the other parent simply signs off on the notice. Then, the parent who wants to relocate files the signed notice with the court. If the parents are in agreement about the move, relocation will be allowed. The court will defer to the parents on agreed changes in parenting time allocation and related arrangements, as long as those changes are in the best interests of the child.
If the other parent doesn’t agree, it will be up to the court to determine whether or not to allow the relocation. While parents can and do win the right to relocate–whether across the state or out of state–this can be a stressful and contentious process. If you are an Illinois parent considering relocation, it’s in your best interest to consult an attorney experienced with child relocation issues as far in advance of your planned move as possible. Although the law only requires 60 days’ notice, a contested relocation may take longer to resolve. If you’re looking to make a move for your career or other purposes, the last thing you want is uncertainty as the date of your planned relocation approaches.
Contested Relocation Hearings in Illinois
As in any custody matter, the court’s primary consideration is the best interests of the child. Factors the court may consider in deciding whether or not to allow relocation include:
- The reason the parent wishes to relocate
- The other parent’s reasons or objecting to the move
- The child’s relationship with each parent, including whether one parent has failed or refused to participate in agreed or ordered parenting time
- Educational opportunities for the child at the present location and proposed location
- The presence (or absence) of extended family at each location
- The anticipated impact of the relocation on the child
- The viability of creating a reasonable allocation of parenting time and responsibilities if the parent relocates, taking into account parental circumstances and resources and the child’s developmental stage
- The wishes of the child, to the extent appropriate
- Minimizing the negative impact on the child’s relationship with either parent
As in a custody determination, the court may also consider any other factor it considers relevant to the child’s best interests.
When Will the Court Grant Permission to Relocate with a Child?
Some examples of situations in which a court might allow a parent to relocate with a child include when the parent has a significantly better job opportunity that could improve the child’s circumstances or when a parent is moving to be close to an extended family network that is lacking in the current environment. But, all of the factors above and others will play a role in the determination.
The best way to get personalized information about the likelihood that you would be allowed to relocate with your child is to talk to an Illinois custody lawyer who has extensive experience with relocation issues. At Peskind Law Firm, family law is all we do. We have decades of experience in all areas of divorce, post-divorce and child custody matters, and we are committed to working toward the best solution for you and your child.
For more information, please contact Peskind Law Firm at 630.444.0701 or email jenna@peskindlaw.com.