Planning to Move? Make Sure You Understand Illinois Parental Relocation Laws 

 Posted on March 24, 2023 in Family Law

If you or your child's other parent intends to move to a new home, it is important that you understand the legal requirements for doing so. When someone is co-parenting with an ex, moving is not as simple as packing up the belongings and driving to the new residence. Depending on the distance between the current residence and the new residence, there may be specific steps you need to take to be able to move with your child.

Determine if Your Move Counts as a Relocation

To understand the rights and responsibilities regarding parental relocations, you must first determine if the intended move meets the criteria for relocation under Illinois law. The location of the child's primary residence and the distance between the current residence and new residence determines whether or not a move counts as a relocation.

If you live in one of the following "collar" counties, a move of 25 miles or greater is considered a relocation. If your intended relocation is less than 25 miles, no further action is needed.

• Cook County

• DuPage County

• Kane County

• Lake County

• McHenry County

• Will County

For all other Illinois counties, a move of 50 miles or greater (or 25 miles if it is out of state) is considered a relocation. If the intended relocation meets this criteria, no matter what county you live in, there are specific steps that must be taken before the move can occur.

Notify the Co-Parent and Court

If your intended move meets the criteria for relocation, it is important to notify your child's other parent of your plans. You must also submit a written notice to the court that has jurisdiction over your custody case at least 60 days before you plan to relocate. The notice should include specific information about when and where you are relocating, including the new address.

What To Do If The Other Parent Objects to the Move

If the other parent consents to the relocation, the next step is to work out if and how you will need to modify your parenting plan to accommodate the move. If the other parent objects to the move, you will need to get court approval before you can move. You will sign a petition with the court and attend a hearing. At the hearing, you and the other parent will each have a chance to voice your opinions. The court will make a decision based on what the court believes is in the child's best interests.

Contact our Joliet Parental Relocation Lawyer

At The Foray Firm, we understand the complexity of parental relocation laws. We are here to help you understand your rights and responsibilities if you or your child's other parent is planning a move. Contact our skilled Will County child custody attorneys today at 312-702-1293 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm