Child Relocation Issues in Illinois Divorces

 Posted on November 28,2022 in Child Custody

The Illinois Policy Institute reported earlier this year that Illinois had the most state residents moving to other states in 2021, with Chicago also having the most people moving out of any metropolitan area in the United States. The news marked eight straight years of population declines for Illinois, and there seems to be no avoiding the likelihood that more and more Illinois divorces now seem to be more and more likely to involve an out-of-state child relocation.

When one parent will remain in Illinois but the other parent is heading for a better climate elsewhere, the decision to move can have major implications on child custody determinations. Parents need to retain appropriate visiting time with children despite these moves.

How Relocation Works in Illinois

A custodial parent or parent who shares equal parenting time must notify both the other parent and the court when they plan to move, and written notice must be provided at least 60 days before the date of a move. The notice must contain the new address the person will be living at, the date they will begin living there, and whether the move plans to be temporary.

When the other parent has no objections to the relocation, then they can sign the notice and it will be filed in court. The parents will need to agree to any modifications to child custody or parenting time.

A judge will ultimately review a proposed relocation agreement to ensure it satisfies the child’s best interests. A judge could deny a request or require additional changes to guarantee a child’s best interests will be served.

When the parent who is remaining in Illinois objects to the other parent relocating, they can refuse to sign the notice and the petitioning parent will have to file a petition with the court that seeks permission to relocate and proposes modifications to a parenting plan. At a hearing, a judge must decide whether to grant the relocation request and also modify a child custody agreement as necessary.

The phrase “child’s best interests” can be very broad, and there are a number of factors a judge may consider when ruling on these types of cases. A spouse’s reasons for relocating, the other spouse’s reasons for objecting to a relocation, the wishes of the children, educational opportunities in both locations, proximity to family at both locations, and whether a reasonable parenting agreement can be created will all be factors in these cases.

Contact a Rolling Meadows Out-of-State Child Relocation Attorney

Did you need help with an out-of-state child relocation issue relating to your divorce in Illinois? Make sure you take the time to speak to Law Offices of Donald J. Cosley. Our Arlington Heights out-of-state child relocation lawyer will work hard to protect your rights and serve your interests. Our firm has decades of experience handling all kinds of complex parental responsibility issues. Call 847-253-3100 or contact us online to schedule a free initial consultation. 

Source:

https://www.illinoispolicy.org/illinois-leads-u-s-for-people-moving-out-8th-year-of-loss/