20thMay 2018

What is relocation?

For most counties in Illinois, a parent with the majority of time or equal time relocates when that parent moves from his/her primary residence to another residence in Illinois that is more than 50 miles away or a residence in another state that is more than 25 miles away.  In certain counties in the Chicago area, a parent with the majority of time o equal time relocates if he/she moves more than 25 miles away.

Step One

A parent who wishes to relocate must first send written notice to the other parent.  The notice must contain the date of the intended move, the new address if known, and the duration of the relocation if it is not permanent.  A copy of the notice must be filed with the clerk of the court.

Notice must be given at least 60 days in advance of the move. If that is not practical, then the notice should be given as soon as possible.

If the other parent signs the notice, then the moving parent may relocate.  A copy of the signed notice should be filed with the court.  It may be necessary to modify the parenting time schedule.

If he/she does not sign or objects, the moving parent must file a petition with the court.

Step Two

The court will grant the petition and modify the allocation of parental responsibilities and parenting time if the move is in the best interests of the child.  The court considers a number of factors set out in 750 ILCS 5/609.2.  The main factors are the reason for the move, how it will improve the child’s life, how it will affect the child’s relationship with the other parent, and whether a new schedule can be implemented.

Note: Many parenting plans require mediation before filing a petition to relocate.  You should consult with an attorney regarding the requirements of your parenting plan.

We have extensive representing clients on both sides of relocation cases.   Please contact us to discuss your case.

Content contained on this site is for informational purposes only and should not be considered legal advice. You should consult an attorney of your choosing to discuss your particular case and to obtain legal advice specific to your situation.