Co-parents sharing responsibility for their children after divorce are bound to the terms of their parenting plan. But life can be unexpected. Changes such as a better job in another state, remarriage, or family illness can turn your plans awry. So how does that affect relocation and visitation rights?
Relocation Laws in Illinois
As per Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act, a parent who wants to move a significant distance with their child needs to seek the court's approval first. Per Illinois law, relocating means moving more than more than 25 miles away if you live in one of the collar counties. If you live in a different Illinois county, a relocation is a move of more than 50 miles away, or more than 25 miles away if state lines are crossed.
If the parents disagree regarding the relocation, the court will make the decision about whether to allow the relocation.
The court will decide whether the move is in the child's best interests by evaluating the following:
- The quality of each parent’s relationship with the child
- The educational properties the child will have in either location
- The wishes and impact of the move on the child
- Parent responsibility arrangements, including visitation
- The reason you wish to move
- The distance between the locations
- The cost and time involved in visitation
- The motive behind the non-custodial parent’s objection to the move
- Whether the move will enhance the child’s quality of life
Please note that the court prioritizes the child's safety and well-being. While Illinois laws regarding relocation and custody can be complicated, they are ultimately designed to keep children safe and happy in a household....