It is rather common for people to move after they divorce. Sometimes, they move due to a new job or promotion, and other times, they move to be closer to family. Whatever the reason, there are certain rules parents must follow when they wish to relocate with their child. Any parent who has been allocated the majority of or equal parenting time can seek to relocate with his or her child, but there are certain procedures that must be followed.
The Definition of “Relocation”
Under Illinois law, a relocation is defined as a move of a certain distance by a divorced or single parent who is subject to a co-parenting plan and who has at least half of the parenting time with his or her child. Specifically, a move is considered a relocation when such a parent moves with his or her child more than 25 miles from a home in DuPage, Cook, Kane, McHenry, Lake, or Will Counties, or more than 50 miles from a home in any other Illinois county to a new home somewhere else in Illinois. A move is also a relocation if the parent moves more than 25 miles from a home anywhere in Illinois to a new home in another state.
Factors for Relocation
The parent seeking to relocate usually must provide written notice at least 60 days before the relocation. If the child’s other parent agrees to the relocation, signs the notice, and files it with the clerk of the circuit court, then the relocation will be allowed as long as it is in the child’s best interests.