In this article, we explain a parent’s relocation with a child in Illinois custody cases. We answer the following questions: “when does a parent have to seek court approval to move with a child?”, “can a parent with shared parenting time relocate with a child?”, “what notice has to be given in Illinois when a parent relocates with a child?”, “what happens if a parent seeking to relocate with a child fails to give proper notice to the other parent?”, “what factors do courts consider when determining whether to give approval to move with a child?” We will also explain how to seek court approval to move with a child.
Illinois law regarding relocating with a child is governed by Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The IMDMA provides indicates when a parent seeking to move with a child must seek court approval, and when this approval is not required.
A parent who wishes to relocate with a child does not have to seek court approval in the following situations:
The IMDMA provides that a parent who has either the majority of parenting time or shared parenting time may seek to relocate with the child. Shared parenting time means that each parent has at least 146 overnights per year with the child.
A parent who seeks to relocate with the child more than 25 miles away (if they live in one of the collar counties mentioned above) or more than 50 miles away (or to a different state and more than 25 miles away) if they do not live in one of those counties must provide at least 60 days’ written notice to the other parent. If 60 days’ notice is not possible, notice must be given at the earliest possible date.
The notice of relocation must contain the following information:
If the other parent signs the notice, the parent seeking relocation can move with the child without court approval. In either case, the notice must be filed with the clerk of the court with jurisdiction of the case involving the child.
What Happens if a Parent Seeking to Relocate With a Child Fails to Give Proper Notice to the Other Parent?
If the parent seeking to relocate fails to comply with the above notice requirements, the court may consider the failure to do so as a factor in determining whether the parent’s relocation is in good faith. This means that failure to comply with the notice may lead to the court denying permission for the move and making the parent seeking relocation liable for the other parent’s court costs and attorney fees related to the failure to comply with the notice.
If court approval is required based on the distance of the move (as discussed above) and the other parent fails to sign the notice or otherwise agree to the move, the parent seeking to move with the child must file a petition seeking permission to relocate with the court.
Once this petition is filed, the clerk will schedule a hearing date. Notice of the time and location of the hearing date must be properly provided to the other parent.
The court uses the “best interest of the child” as its standard in determining whether to allow a parent to relocate with the child. Courts are instructed by the IMDMA to weigh the following factors in determining the best interests of the child: