When one parent wants to move with their child, it can change the existing child custody arrangement. In Illinois, this move is called a ‘relocation’ and can impact custody decisions. Understanding the laws on relocation helps ensure the process goes smoothly and serves the child’s best interest.
What is considered a relocation in Illinois?
A move becomes a relocation when a parent plans to move 25 miles or more within the Chicago metro area or 50 miles elsewhere in the state. This applies to permanent or long-term moves that change the child’s primary residence. The court will examine how the move affects the child’s relationship with both parents.
Legal requirements for relocation in Illinois
Illinois law requires the relocating parent to notify the other parent at least 60 days before the move. The notice must include the new address, reasons for the move, and a proposed visitation schedule. The other parent can object by filing a petition with the court.
Failure to give proper notice or moving without approval may violate the custody order.
How does relocation affect custody decisions?
The court will evaluate several factors, prioritizing the child’s best interests. The court will consider the child’s relationship with both parents and how the move could impact that bond. The court will also look at the reason for the move and whether it improves the child’s well-being.
If the court believes the move benefits the child’s quality of life, it may approve it. However, if the move disrupts the child’s relationship with the non-moving parent, the court could deny the request.
What if the other parent objects?
If the other parent objects, the case may go to court. Both parents will present evidence, and the judge will decide if the move is in the child’s best interest. The relocating parent must demonstrate that the move benefits the child.
If the court approves the move, it may modify the custody arrangement, adjusting visitation or the parenting plan to ensure both parents remain involved in the child’s life.
Relocation cases can be complex and emotional. Illinois law ensures decisions focus on the child’s best interests, considering the unique circumstances of each case.
