A Relocation Will Require a Modification of Your Parenting Plan

relocation, DuPage County family law attorneyWhen you share parenting responsibilities for your child with your former partner, making decisions for your own life may not be as simple as it once was. Moving to a new city or state, for example, to pursue new opportunities is much more difficult for a parent subject to a child custody order—now called the allocation of parental responsibilities in Illinois. The difficulties are increased even further if the parent looking to move is the one who was granted primary residential responsibilities for the child and has the majority of the parenting time. If you are thinking about moving with your child, there are some things that you need to keep in mind.

What is a Relocation?

The Illinois Marriage and Dissolution of Marriage Act recognizes that not every move by a parent is considered a relocation. Instead, a relocation is defined as a move by a parent with at least half of the parenting time with the child that is:

  • More than 25 miles to a new residence in Illinois from a current residence in Cook, DuPage, Kane, Lake, McHenry, or Will Counties;
  • More than 50 miles to a new residence in Illinois from a current residence in any other county; or
  • More than 25 miles to a new residence outside of Illinois from a current residence in any Illinois county.

Any move that does not exceed the mileage standards in the law is not considered a relocation.

Why Does It Matter?

The distinction between what is and is not a relocation is important for the purposes of maintaining compliance with the existing parenting plan or custody agreement. By law, a relocation is considered a substantial change in circumstances, which make it grounds for modifying an order for parental responsibilities and parenting time. As such, a parent wishing to relocate with his or her child must seek the consent of the other parent. If the other parent does not grant consent, the court may override his or her objection, but only if the move is found to in the child’s best interests. In many cases, the relocation will not be approved unless the moving parent shows a willingness to cooperate in keeping the other parent involved in the child’s life.

To facilitate the relocation, the parental responsibilities order must be amended. This could mean creating a new parenting time schedule that reflects the new distance, along with transportation and other considerations that may not have been issues at the previous residence.

Considering a Move?

If you have been offered an opportunity in another city or state and are thinking about moving with your child, you must be aware of the possible implications of such a decision. Contact an experienced Aurora family law attorney today to discuss your available options and to get the guidance you need. Call [[phone]] for a confidential consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000

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