Relocation
So your parenting plan or Allocation Judgment has been entered, and now you want to relocate – can you make the move? What happens next? The intended relocation will constitute a substantial change in circumstances, and therefore 750 ILCS 5/609.2 will apply. A parent who has been allocated majority parenting time, or either parent allocated equal parenting time, may seek to relocate with their child. There are two routes to take when a parent proposes relocation.
First, if the parent intending to move with the child/children currently resides in Cook, DuPage, Kane, Lake, McHenry, or Will County, and is moving within 25 miles of the child’s current primary residence, the parent will not need the court’s permission to relocate. A parent residing in any other county in Illinois, not mentioned above, may move with the child/children without the court’s permission if the move is within a 50-mile radius from the child’s current primary residence. If the new residence is outside of Illinois, Illinois will remain the child’s home state.
If the move is greater than the guidelines set forth for the county the parent is moving from, there will be a longer process required in order for the child to make the move. The parent who intends to relocate must provide written notice to the other parent sixty (60) days in advance of the intended relocation, or if sixty (60) days is impracticable, as soon as practicable. This notice will also need to be filed with the clerk of the circuit court and include the following information: the intended date of relocation, the address of the parent’s intended new residence, if known, and the length of time the relocation will last, if not indefinite or permanent. Upon receipt of the notice, the other parent has the option to either sign off on the relocation and collaborate to agree upon a modified allocation judgment/parenting plan to accommodate the relocation, or the receiving parent can object to the relocation. If the non-relocating parent signs off on the relocation notice without any objection, and the relocating parent properly files the notice with the court, there will be no further court action needed.
If the non-relocating parent objects to the relocating parent’s intended relocation, fails to sign the notice, or the parents fail to agree upon a modification of the parenting plan/allocation judgment to accommodate the relocation, the relocating parent will need to file a petition to relocate in court and litigation will likely ensue. The petition for relocation will be heavily framed around providing information in support of the relocation factors provided in 750 ILCS 5/609.2, to show that the relocation is in the child/children’s best interests. It is very important that there is strong evidence provided supporting the relocation to demonstrate why the relocation will be in the child’s best interests.
The factors that the court will consider specific to relocation are as follows:
The circumstances and reasons for the intended relocation;
The reasons, if any, why a parent is objecting to the intended relocation;
The history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;
The educational opportunities for the child at the existing location and at the proposed new location;
The presence or absence of extended family at the existing location and at the proposed new location;
The anticipated impact of the relocation on the child;
Whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;
The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation;
Possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child;
Minimization of the impairment to a parent-child relationship caused by a parent’s relocation; and
Any other relevant factors bearing on the child’s best interests.
It is highly likely that a Guardian ad Litem or Child Representative will be appointed to the matter to represent the minor child/children in the case and to provide the court with recommendations regarding the child’s best interests and the intended relocation. The court may also order that a 604.10(b) evaluation be conducted. Click here to read more about 604.10(b) evaluations. After a review and balancing of the factors, hearing arguments from both sides, the 604.10(b) evaluator’s report, and any recommendations from a Guardian ad Litem or position from the Child Representative, the court will rule on the relocation issue. If the relocation is granted, the relocating parent will be allowed to move with the child/children, and the parents will work together to modify their Allocation Judgment/Parenting Plan to accommodate the change in circumstances in accordance with the court’s ruling.
The Law Office of Erin M. Wilson has represented parties in a variety of relocation cases and Erin Wilson has been appointed as a Guardian ad Litem in cases involving relocation as well, making the firm very familiar with the process and the support required to either advocate for relocation or fight against relocation. Contact The Law Office of Erin M. Wilson LCC to schedule a consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.