Divorces aren’t easy in the most straight-forward of circumstances, but they become significantly more complex when minor children are involved. That complexity increases when one parent seeks to relocate with the child. While there are steps that must be taken, under Illinois family law, there is recourse for divorced parents who need to relocate with their children.
Under Illinois family law, relocating with children after a divorce is called removal, and it is a common issue in divorce cases. In our modern society, people often move for a variety of reasons, including employment opportunities, the chance to pursue a higher education degree or the need to care for an elder member of the family. In some cases, a parent may relocate because he or she has remarried and is moving to where the new spouse lives. In any case, the decision to relocate becomes significantly more complicated when there are minor children involved, especially if the parent who doesn’t relocate has visitation or joint-custody rights.
Illinois family law addresses this very issue. In 2016, new language was added to Illinois family law that specifically outlines the procedures parents must follow if they intend to relocate with their children after a divorce.
Under Illinois family law, the parent with custody needs permission from the court before a relocation in most circumstances. However, there are a few scenarios in which a move can occur without the court’s express approval:
- If living in Cook, DuPage, Kane, Lake, McHenry, Will Counties, a parent may relocate with the child within Illinois up to 25 miles away from the previous residence.
- If living outside of the aforementioned counties, a parent may relocate with the child within Illinois up to 50 miles away from the previous residence.
- If living near the Illinois border, a parent may relocate with the child into a different state, but only up to 25 miles away from the previous residence. In this circumstance, the state of Illinois will maintain jurisdiction over the child custody agreement.
Absent an agreement of the parents, in all other circumstances, a relocation must be reviewed and approved by the Illinois family court. In those cases, a family court will look at all the circumstances surrounding the move and decide whether removal would be in the best interests of the child. If the court decides to deny permission to remove, the court can prevent a relocation.
To make a successful case, petitioners must have a good handle on how the move will affect the child’s overall quality of life. Three key areas are:
- Whether the other parent would still be able to see the child in the new location (How far away is it? How hard is it to travel there? And so on.)
- The quality of education in the new location
- The ways improvements to quality of life for the parent will also help the child
All child custody arrangements are different and complex, and any attempt to change a previously agreed upon arrangement should involve a divorce attorney to ensure the best legal advice.
