How Are Parental Relocation Requests Addressed in Family Court?

 Posted on May 27, 2021 in Child Custody / Allocation of Parental Responsibilities

Families commonly move to new homes for a variety of reasons, including when a parent is pursuing employment opportunities or because a person wants to live closer to their extended family members. Moving is a decision that married couples or unmarried partners make together. However, it can become more complicated for divorced parents or unmarried parents who do not live together. One parent’s choice to move could affect the other parent’s ability to spend time with the couple’s children, especially if they plan to move a significant distance away from where they currently live. In these situations, a parent may need to request a parental relocation officially. The case may need to be heard in family court, where a judge will decide whether to allow the move and determine how to modify the couple’s parenting plan.

Factors Considered in Parental Relocation Cases

When a parent plans to move, and they have the majority of the parenting time with their children or an equal amount of parenting time as the other parent, they must notify the other parent at least 60 days before the date they will be moving. For parents who live in DuPage County or other nearby counties, moving at least 25 miles away from their current home will be considered parental relocation. If the other parent objects to the move, the parent who is planning to move must file a petition in family court asking for permission to relocate.

A family court judge will consider the following factors to determine whether allowing a relocation and modifying a couple’s parenting plan will be in the child’s best interests:

• The reasons the parent has given for why they wish to relocate and the reasons the other parent has given for objecting to the relocation.

• The history and quality of each parent’s relationship with their child, looking specifically at whether either parent has not exercised decision-making responsibilities or parenting time as allocated in the parents’ parenting plan.

• The opportunities the child will have to receive the necessary education at both their current home and the proposed new location.

• Whether either parent’s extended family members live near the child’s current home and the proposed new location.

• How the proposed relocation is expected to affect the child, while considering the child’s wishes regarding the move if they are old and mature enough to express their desires.

• Whether it will be possible to modify the parenting plan in a way that reasonably allocates parental responsibility and parenting time between the parents, ensures that parents can exercise their responsibilities based on the resources available to them, and minimizes the negative impact on the relationship between a parent and child.

• Any other relevant factors that affect the best interests of the child.

Contact Our Naperville Parental Relocation Lawyers

Whether you are planning to move to a new home or wish to contest a parental relocation by your former partner, Calabrese Associates, P.C. can advise you of your rights and advocate on your behalf when addressing these matters in family court. To get the legal help you need, contact our DuPage County child custody attorneys today at 630-393-3111.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm