In the state of Illinois, making a move with your child used to be pretty straight forward. You only needed the other parent’s consent or court approval if you were leaving the state of Illinois, or doing a removal out-of-state. However, if you were not moving out of state, you had it in your power to move wherever you desired. The laws have changed since then to say that you are not allowed to move more than 25 miles for highly populated counties, and 50 miles for smaller populated counties, without the other party’s consent.

The Child Relocation law in January 2016 had some significant changes.

When it was called removal, previously, you could live in northern Illinois and move to southern Illinois. You had it in your right to move that far of a distance. The only thing was that the parenting time needed to be modified. However, when the law changed in January 2016, it was changed to state that if you moved this 25 (or 50) mile radius, you needed to get consent from the other parent. Now, it wasn’t necessarily that you needed permission only if you were to move out of state.

However, keep in mind that if you did want to move out of state — even if it is just over the border a few miles — you still have to get permission. Therefore, out of state moves still invoke the requirement, but now there is also a mile radius, as opposed to just the out-of-state.

You Must be the Primary Parent to Move with your Child

Give the other parent notice!

What is included in the 60-day notice?

  1. Where you are going
  2. When you are going
  3. If this is a temporary or a permanent move.

Next, you would take the notice and file it with the Circuit Court so that the notice is sent to the other parent. If the other parent agrees, they will sign it. When you get that signature back, you can file that with the Circuit Court. Nothing further will need to be done as far as the removal — assuming that an alternate parenting plan has been established to accommodate the distance moved.

What happens if the other parent does not agree to the move?

The primary interest of the court lies in the best interest of the child.

  • Why is the parent moving? You will need to provide good reasons for the move.
  • What is the purpose of the move?
  • What are the reasons behind the other parent objecting?
  • What is available to the child here, as far as education and activities, as compared to what is available to the child where you will be moving?
  • Is there family support here and there?
  • What are the parent’s time with the child now and have they been actively exercising that?

These factors are important to the court because they will only make a decision if it is the best interest of the child.

The court will also look at how the move will affect the other parent.

In the case of domestic violence.

Seek Advice from a Chicago Divorce Attorney Before Moving with Your Child

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-relocation/can-you-move-with-your-child/

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