How Out-Of-State Moves Impact Custody

What do you do about custody and visitation when one divorced parent wants to relocate to another state? If the move involves a long distance, it can create major disruptions in the child’s life and the ability to spend time with the other parent. However, these issues can exist even if the move is within the state of Illinois — if the distances involved are long enough. Any move that disrupts an existing family schedule can lead to conflict and negatively affect the children involved. However, when you plan carefully and take the needs of your child and the other parent into consideration, it’s possible to complete a long-distance move that works for everyone.

What Does the Law Say About Out-of-State Moves?

The revised Illinois Marriage and Dissolution of Marriage Act, which was passed in 2016, officially changed “child custody” to “parental responsibility.” Parents are allocated “parenting time” according to a court-approved schedule that determines whether the children will spend most of their time with one parent or split their time with both. Since spending time with children and transporting them between households can be difficult if one parent moves a distance away, the law dealing with relocation has changed accordingly.

However, the changes it enacted extend beyond terminology. Under the revised law, the court assesses proposed moves by total distance instead of whether the parent intends to move out of the state.

Previously, the parent with primary custody of the children was not allowed to move outside Illinois but could move anywhere in the state without getting permission. That might sound reasonable until you realize that Illinois is 390 miles long (from north to south) and 210 miles wide (from east to west). Previously, the parent with primary custody of the children was not allowed to move outside Illinois but could move anywhere in the state without getting permission. Since Illinois is so large, a custodial parent could make an intrastate move hundreds of miles away, but they were not allowed to make a move to another state nearby.

At Wolfe & Stec, we can help you determine whether you require court permission to move. If you do, our team can assist you in crafting a petition and will advocate for your rights. Call us at 630-305-0222 for a free consultation.

What Are the New Restrictions?

Understanding Common-Sense Changes

It’s important to understand that depending on the custody arrangements you have with the other parent, restrictions on moving may or may not apply to you. If you have equal or majority parenting time, you will need approval for moves beyond a certain distance. If you do not have majority or equal parenting time, you may move wherever you want.

Court approval is not necessary for moves that are:

• Less than 25 miles from the child’s current primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will Counties
• Less than 50 miles from the child’s current primary residence in any other county
• To a residence in another state that is less than 25 miles from the child’s current primary residence in any county.

Even if parents who are moving do not need permission, they should always keep the non-residential parent notified of where the children are residing.  And if they are moving beyond the allowable distances, they must get permission to do so.

The Relocation Process

Majority or equal-time parents seeking to move with children are required to send written notice to the other parent that they intend to move. The notice must state:

• The date of the intended move
• The new address
• The length of time the parent will be living in the new location, if it is not a permanent move.

Notice must be given at least 60 days before the move, unless the court orders otherwise or if such notice would be impracticable. If the non-moving parent objects to the move, or does not sign the written notice, the moving parent must file a court petition asking for permission to relocate.

The judge will then determine whether the relocation would be in the children’s best interests. Factors such as the circumstances and reasons for the intended relocation and reasons for objections will be considered, as well as the educational opportunities and family support for the child at the proposed new location. If the child is mature enough, the wishes of the child will also be considered, as will the possible impairment to a parent-child relationship. While every case is different, these are some situations where the court may be more likely to grant your request for a long-distance move:

• You have the opportunity for a better job that would improve the child’s quality of life.
• You would be closer to extended family members who could provide a support network for the child.
• You are moving to get away from people or circumstances that endanger your quality of life and that of the child.
• You must move in order for you or your child to receive specialized medical care.

Ultimately, in making a decision, judges must consider all circumstances and factors to decide whether a move is in the best interests of the children.

Contact Us for Help and a Free Consultation

The Right Attorney Helps Preserve Family Relationships

Since moving can be disruptive and the issues are so complex and vital to a child’s well-being, it makes sense for relocating parents to seek legal counsel. The skilled Illinois family law attorneys at Wolfe & Stec know the laws and the system and can guide you through the process of relocation and all types of child custody matters.

Delaying can only make the situation worse. For a free initial consultation with an experienced and compassionate custody lawyer, call us at 630-305-0222.