When a Parent’s Move Causes Difficulties for the Other Parent

 Posted on September 19,2024 in Child Custody / Allocation of Parental Responsibilities

The allocation of parental responsibilities often comes with what may seem like constant difficulties with your ex. This can include when the other parent moves within the 25-mile allowable range, and you realize that move is leaving you with less and less time with your child. Years ago, the laws governing how far a primary residential parent can move in Illinois without court approval changed.

Up until the change, the primary residential parent could move anywhere within the state without Court approval or the approval of the other parent. This changed to allow the primary residential parent to move up to 25 miles without court approval, although these 25 miles can potentially cross a state line. To move farther than this, the parent needs approval. The 25-mile rule applies to parents living in Cook, DuPage, Kane, Lake, Henry, and Will Counties. Outside these six counties, the limit is 50 miles.

What if you are the parent awarded parenting time (formerly "visitation"), and this move has resulted or will result in difficulties in spending time with your child? Can you object to the move? Can you ask the Court for a modification of the allocation of parental responsibilities? Talking to an experienced Naperville, IL custody attorney from Calabrese Associates, P.C. can help you determine whether you have any options in this situation.

When Even a 25-Mile Move Would Make it Difficult to See Your Child

If your ex is moving 25 miles or more from where they currently live, he or she must notify you of the proposed move. A written notice must be submitted to the Court that has jurisdiction over the parental responsibilities case at least 60 days before the proposed location. This notice must include specific information regarding when and where the parent plans to relocate, including the new address.

If you agree with the move, the parenting plan will need to be modified. If you object to the move, your ex will be required to obtain Court approval before he or she can move with your child. A petition must be filed with the Court, and a hearing will be scheduled. At that hearing, both you and your ex will be given the opportunity to voice your opinions regarding the move. Based on the child’s best interests, the Court will decide whether the other parent can relocate with your child. This is your best opportunity to prevent the move.

What if You Initially Agreed to the Move but Realize You Made a Mistake?

Perhaps your ex has moved with your child, but you soon realize that the distance is making it harder and harder to exercise your parenting time. Your child has after-school activities that you can seldom attend because of the distance, and it seems you see him or her less and less often. If your ex refuses to work with you, what are your options?  

Under Illinois law, the Court requires that two years have passed since the last parental responsibility agreement. Generally, the Court will not hear a petition for modification unless it has been two years since the original agreement or the last modification and only if there is a substantial change in circumstances. If serious endangerment of the child exists, the Court will hear a petition sooner than two years. Examples of a substantial change in circumstances include:

• The child has developed problems as a result of his or her environment.

• The parent has moved more than 25 miles away.

• The child has a new health condition or serious illness.

• A parent begins a new job with a totally different schedule.

• The child has a decline in school performance.

Contact a DuPage County, IL Parental Responsibilities Attorney

If you are unsure whether the Court will agree your situation constitutes a substantial change in circumstances, speak to a Naperville, IL allocation of parental responsibilities attorney from Calabrese Associates, P.C. Attorney Michael J. Calabrese is a former chair of the DuPage County Bar Association Family Law Committee and frequently lectures on family law-related issues. Call Calabrese Associates, P.C. at 630-393-3111 to schedule an appointment to discuss a change in parental responsibilities.