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IL divorce lawyerIllinois law went through a change in 2016 in regards to parents relocating with their child after going through a divorce. Prior to the law change, the parent with physical custody of the child was allowed to move within the state whenever they wished.

According to the new law, a parent must get permission from the court if their relocation is over 25 miles from the current address. In some cases, the 25 miles could take the parent and child over Illinois state limits.

What Is the Process to Petition for Relocation?

The Illinois court system likes to make sure that a child is able to see both parents after a divorce takes place. If one parent moves out of state, the other may not get as much of a chance to bond with their child and a parenting plan can become difficult to maintain.

A lot of relocation cases can be handled civilly with both parents agreeing to the relocation and signing the necessary paperwork to avoid court. However, if the non-custodial parent feels like their time with their children are in jeopardy, they can refuse to sign the paperwork. This would lead the primary parent to file a petition for relocation to family court.

The parent looking to relocate would need to bring their written petition to the court a minimum of 60 days before the planned relocation. The petition must include:

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IL custody lawyerInstead of classifying types of child custody as “joint” - between two parents - or “sole - between one parent - the state of Illinois practices allocation of parental responsibilities. This means that during a divorce, the family court judge and the parents involved will set the terms of a parenting plan that decides who will be the main decision-maker for the children, what amount of time each parent will get with their children, and the rules for when a plan can be modified.

Generally, a parent cannot petition to modify a parenting plan for two years from the date the document was finalized. The Illinois Marriage and Dissolution of Marriage Act says that parenting plans can only be modified sooner if the child’s physical, emotional, and/or mental well-being is in danger. This can be determined through the enforcement of parental responsibilities.

How Is a Parenting Plan Enforced?

One parent can ask for a petition to check-up on the other parent if they believe the parental responsibilities are not meeting the expectations of the agreement. The parent who is accusing the other of negligence can fill out paperwork describing the evidence they have seen as to how a parenting plan is being violated.

Types of relevant violations include:

  • Physical abuse or neglect
  • Missing appointments and tardiness in school drop-offs
  • Substance abuse
  • Deterioration of the child’s physical health and/or hygiene

If the court finds sufficient evidence to suggest that a parent is not meeting the standards of the parenting plan, they can order family counseling and physical education programs to better educate the parents. They can also decide to modify the parenting plan before the two years are complete.

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Illinois divorce attorney, Illinois family lawyerIllinois family courts tend to follow guidelines and case precedent when issuing divorce decrees, especially absent any input from the spouses themselves regarding disposition of issues like parenting time. However, sometimes a parenting plan will need to be modified, and it is important to realize that there are certain requirements that must be followed before a change will be permitted.

Family Court Has Authority

The most important thing to realize going in is that only family courts may make definitive adjustments to divorce decrees - you are welcome to work out an agreement with your spouse as to parenting time or support, but these agreements do not have the force of law. A court will not abide by them unless you have these unofficial agreements added to your decree. It matters, especially if you and your spouse have a tumultuous relationship, because if you become engaged in a dispute and refuse to abide by your arrangement.

In Illinois, however, the law holds that unless the parties agree or there is found to be an immediate reason in the best interests of the child, any modification of terms may not be made before two years have passed. The rationale behind this is that unless it is a demonstrable emergency, it can be harmful to a child’s emotional and mental well-being to undergo too many changes to their living situation, and the arrangement arrived at initially must be given time to work before it can be amended.

Modifications If You Cannot Agree

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Illinois family law attorney, Illinois custody lawyerAs divorcing spouses work through the allocation of parental responsibilities (child custody) and parenting time (visitation) arrangements following their separation, there are a number of important areas parents must address in order to protect the best interests of the child. Everything from living and school arrangements to religious upbringing and financial agreements contribute to the production of a solid parenting plan that benefits the whole family.

To create custody and visitation plans that each party can agree on requires a significant amount of evaluation, however. According to Illinois law, the child’s best interests must first be considered to successfully identify which arrangements will work in the family’s favor. The court considers all the following factors when determining the child’s best interest:

Residential Circumstances

The distance between the parents’ houses, each parent’s daily schedule (as well as the child’s schedule), and the general logistics behind transporting the child to and from the parents’ homes are referred to as “residential circumstances” and are examined thoroughly when discussing the allocation of parental responsibilities.

Prior Agreements 

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