Under Illinois law, relocation occurs when a parent awarded equal or primary parenting time wishes to move more than a certain number of miles or out of state with their child/ren.
When does relocation apply?
If a parent has been awarded equal or primary parenting time with their child/ren by the court, then the relocation statute applies.
How far can a parent move without court permission?
The distance a parent can move without court permission depends on the county where the parent resides.
If the parent resides in a “collar county”, specifically Cook, DuPage, Kane, Lake, McHenry and Will, a relocation occurs when a parent is moving more than 25 miles away.
For all other counties, relocation occurs when a parent is moving more than 50 miles away or if the parent is moving outside of Illinois more than 25 miles away.
How does the court calculate the distance?
The distance is calculated by determining the distance from the primary residential custodian’s address to the proposed new address by an internet mapping service.
Illinois law calls moving more than a certain number of miles or moving out of state as “relocation.” Illinois’ relocation law applies to the parents with equal parenting time or the primary residential parent. The distance is measured in road miles, not as the crow flies.
What do I do if my move qualifies for relocation?
First you provide written notice to the other parent and file the notice with the clerk of the court.
What does the notice have to include?
At a minimum, the written notice must set forth the:
- Intended date of the parent’s relocation;
- Address of the parent’s intended new residence, if known; and
- The length of time the relocation will last—if the relocation is not for an indefinite or permanent period.
If both parents agree to the relocation, it is helpful to have a signature line for both parents to sign.
What if the other parent refuses to sign the notice?
If the non-relocating parent objects to the relocation or does not sign the notice, then the parent seeking relocation must file a petition to relocate. The court will then decide whether to approve relocation based on the child/ren’s best interest based on a series of factors laid out by the law.
The law provides ten-plus factors that the court considers in determining relocation:
- the circumstances and reasons for the intended relocation;
- the reasons, if any, why a parent is objecting to the intended relocation;
- the history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;
- the educational opportunities for the child at the existing location and at the proposed new location;
- the presence or absence of extended family at the existing location and at the proposed new location;
- the anticipated impact of the relocation on the child;
- whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;
- the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation;
- possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child;
- minimization of the impairment to a parent-child relationship caused by a parent’s relocation; and
- any other relevant factors bearing on the child’s best interests.
If the court grants the relocation a parent will be able to move with the minor child/ren. The court may modify the parenting plan depending on the distance of the move if the current parenting schedule becomes impracticable.
If the court denies the relocation a parent may still move, but they will not be able to move with the minor child/ren.
Do you have questions about relocation and how it might be applied to your case? Please do not hesitate to schedule a consultation with Burgos Santoyo and Smith.