Life rarely keeps us in one place forever. Job opportunities, familial obligations, and sometimes, simply the opportunity for a higher quality of life draw us to new cities, states, and even new countries. For a married couple or an individual without children, moving to fulfill these opportunities and changes is done without a second thought. But if you are a parent with a parenting time agreement in place, relocating is not so simple. Your child is entitled to a consistent relationship with both of his or her parents and if picking up and leaving would impede these relationships, you can potentially be denied the right to make that move.
What can you do? Speak with an experienced family attorney to determine whether your proposed relocation complies with Illinois’ current laws regarding how far a parent may move with his or her child. Previously, any change of address within the state of Illinois did not require approval from the court and all out-of-state moves, regardless of how many miles such a relocation actually involved, did. Now, whether court approval is required depends on how far it is from the parent’s current home. If your proposed change of address is far enough from your current home that it requires your former partner’s permission and he or she refuses to grant this permission, you might need to bring your case before the court to have a judge decide whether you can take this action.
For Parents in Cook, DuPage, McHenry, Lake, and Will Counties
Parents residing in these counties may relocate up to 25 miles from their current home without approval from their former spouse or the court. Beyond 25 miles, the parent must obtain written permission from his or her child’s other parent in order to move and in absence of this, must demonstrate to the court that such a process would be in the child’s best interest in order to have it approved. This includes moves within Illinois as well as those to other states.
For Parents in All Other Illinois Counties
Parents residing in all other Illinois counties may move up to 50 miles from their current home with their child without obtaining permission to do so.
The Relocation Must be in the Child’s Best Interest
A move that is in the parent’s best interest is not necessarily in the child’s best interest. If you need to obtain court permission to disrupt your current parenting time agreement to relocate, you will need to prove that moving would ultimately benefit your child. Acceptable reasons for a change of address beyond the specified range include:
- A job opportunity that would allow the parent to provide better for the child;
- Travel to a safer, cleaner, or otherwise healthier environment;
- Moving away from a dangerous or unsafe environment; and
- Better academic opportunities for the child in the new environment.
Work with a Highland Park Parenting Time Attorney
Talk to me, Michael C. Craven, about your needs as a divorced parent. I am an experienced Illinois divorce and family attorney who can answer your questions and provide you with the legal advice you need during our initial legal consultation. Call my office today to schedule your consultation.
