Should We Include a Plan for Relocation in Our Illinois Parenting Agreement? 

 Posted on February 15,2022 in Divorce

Although some people choose to continue living in the same house with their ex-partner or try the “birds nest” living arrangement after a divorce, couples getting divorced in Illinois nearly always relocate. Whether to be closer to family, to pursue a new job, or to try to start fresh after a painful separation, relocation with a child following divorce is common enough that some parents choose to include special provisions for relocation in the parenting plan in their divorce agreement. While Illinois laws concerning child relocation still apply, parents can agree to stricter or more personalized details in their parenting plan. 

Know Illinois Child Relocation Law

While parents may agree to give each other more time than necessary to consent to or negotiate over a potential relocation, it is important to know how Illinois family law sees this issue. If a parent has majority parenting time or splits parenting time 50/50, that parent requires permission from the other parent or from the court to move under the following circumstances: 

• If the parent who wishes to move lives in Will, McHenry, Lake, Kane, DuPage, or Cook County and wants to move within Illinois but further than 25 miles from where they currently live

• If the parent who wishes to move lives in any other Illinois county and wants to move within Illinois but further than 50 miles from where they currently live

• If the parent wishes to move outside of Illinois but less than 25 miles from where they currently live  

The parent hoping to move is also required to give the other parent written notice within at least 60 days of the anticipated move date whenever possible. They must also share the date they plan to relocate, their new address, and how long they plan to live there. 

Parents can agree to more restrictive measures in their parenting plan and these measures would supersede Illinois law when applicable. For example, parents may state that they agree to always live within a certain distance of each other while the children are under a certain age. A parenting plan would have to be modified to change this provision, and the parent wishing to modify it would have to show good cause. 

Include a Plan for Resolving Disagreements

Spouses should include a plan for how they will resolve disagreements when they arise. Because a relocation often interferes with a parent’s ability to spend time with his or her child, it is common for disagreements about relocations to get quite heated. If parents have already agreed to seek the help of a mediator, conflict can be defused more easily and a compromise reached more quickly. 

Schedule a Meeting with a DuPage County Child Relocation Lawyer

When you are getting divorced and anticipate needing to relocate with your child in the future, it is a wise idea to include details about how relocation can be handled in your divorce decree. For help creating a beneficial parenting arrangement, work with an experienced DuPage County parenting plan attorney with Calabrese Associates, P.C.. Call us today at 630-393-3111 to schedule your initial, confidential case review. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000