Let's Talk About Relocation
The best case scenario is that parents divorce, move on, and never need the court (or lawyers) ever again. But if you have the majority of parenting time and want to move more than 25 miles, you could be looking at going back to court.
Relocation, formerly known as removal, usually requires a parent to get the permission of the court that entered your Allocation Judgment or Parenting Plan unless the parties can agree on the move.
How do you know if your move qualifies as a relocation?
First. you look to the language in your Judgment. Assuming you haven't deviated from the statutory language, your Judgment probably says this:
“Relocation” means:
(1) a change of residence from the child's current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child's current residence, as measured by an Internet mapping service;
(2) a change of residence from the child's current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child's current primary residence, as measured by an Internet mapping service; or
(3) a change of residence from the child's current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service.
If it says nothing then the above definition applies. If your move does not meet the definition of relocation, then you provide notice of where you're moving to the other parent and proceed! Note that if you move again from the new address, you're likely still measuring within 25 miles of your original address so you can't leapfrog your way across the greater Chicago area.
What do you do if you find yourself needing permission to relocate?
You need to provide formal written notice to the other parent and file it with the clerk of the court. You should take great care with the notice of relocation as there are strict requirements and if you make an error your request to relocate can be denied. If the other parent agrees, they can sign the notice and file that with the clerk of the court. From there you need a modification order addressing parenting time now that the Judgment does not reflect when or how they will exercise parenting time. This best case scenario can be negotiated with a mediator, or if you have an agreement, you can hire an attorney to draft an agreed order for you to both sign off on and enter that with the court.
What if the other parent is not involved? Can you move anyway?
No. You still need their permission and getting them to sign off on the carefully drafted notice is the best way to protect yourself from that parent coming back and challenging your move later saying they did not agree.
What if the other parent does not agree?
If the other parent is not in agreement with the move then you must file a petition to relocate, seeking the court's permission to relocate with the child. In a relocation case, the court must evaluate your parenting plan or allocation judgment and consider the following statutory factors:
(1) the circumstances and reasons for the intended relocation;
(2) the reasons, if any, why a parent is objecting to the intended relocation;
(3) 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;
(4) the educational opportunities for the child at the existing location and at the proposed new location;
(5) the presence or absence of extended family at the existing location and at the proposed new location;
(6) the anticipated impact of the relocation on the child;
(7) whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;
(8) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to relocation;
(9) possible arrangements for the exercise of parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child;
(10) minimization of the impairment to a parent-child relationship caused by a parent's relocation; and
(11) any other relevant factors bearing on the child's best interests.
As the relocating parent, it is your burden to prove that relocation with the child is in the child's best interests so planning is important. These sometimes all or nothing cases can last over a year and are very emotionally draining. If you are considering a move, whether it's in Illinois or outside of Illinois, working with an experienced Illinois family law attorney to form a litigation strategy from the beginning is crucial. If you're ready to talk about Relocation, which used to be called removal please reach out to schedule your free 15 minute phone consultation.