It is common for people’s lives to change after they get divorced, and these changes may prompt a move to a new city or even another area of the country. In some cases, a person may be pursuing job opportunities or wish to relocate to live near their family members. While a person will no longer need to consult with their ex-spouse when making the decision to move, their relocation could potentially affect matters related to child custody. If the parent who is moving has primary custody of the couple’s children, this might mean that the other parent would be able to spend less time with their kids, and it may limit their ability to be involved in decisions about children’s upbringing. Because of this, one parent may object to a planned relocation by the other parent. It is important to understand how the laws in Illinois address these situations.
Parental Relocation in Illinois
According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a move by a parent who lives in DuPage County or other counties in the greater Chicago area is considered to be a relocation if their new home will be at least 25 miles away from their current home. If the couple’s children live with the parent who is planning for the majority of the time with the couple’s children, or if the parents have equal amounts of parenting time, the other parent must be provided with written notification at least 60 days prior to the date of the planned relocation. If this is not feasible, such as if a move is planned within 60 days, a parent must provide notification at the earliest practical date.
If there are no objections to the relocation, the non-moving parent can sign the notice, and the moving parent can submit this notice to the court, which will approve the relocation. If modifications to the parents’ parenting plan will be required, the court will usually approve these changes, as long as they are in the children’s best interests....