How does relocation affect child custody? How relocation affects child custody often comes down to factors such as the child’s relationship with both parents, the child’s best interests, and the reason for the move. Also, important is the way in which the relocating parent handles the arrangements. For instance, if the relocating parent gives the other parent ample time to process the news and discuss objections and solutions, the impact on child custody arrangements could be positive. Meanwhile, the impact could be negative if the relocating parent gives little notice, ignoring Illinois laws.
Relocation can be a tough issue for parents to deal with, whether they are the relocating or non-relocating parents. Contact Erlich Law at (630) 538-5331 to discuss your concerns.
Illinois Laws Regarding Relocation in Child Custody Cases
Child custody arrangements can be complex. They involve a balance of the child’s best interests with the rights and desires of the parents. When a parent wants to relocate with the children, these custody arrangements may get even more complicated.
Illinois has laws that offer guidance. For example, the Illinois Marriage and Dissolution of Marriage Act defines relocation. Important points include:
- Relocation generally means moving more than 25 miles to a new home.
- Relocating parents must give the other parent at least 60 days’ advance notice with details on the planned date of relocation, the child’s new address (if possible), and how long the relocation should last.
- The relocating parent needs to file this notice with the court, too.
- If the non-relocating parent agrees and signs the notice, court intervention is not necessary. Without this approval, the relocating parent must file a petition and get the court’s permission to move.
- The court considers factors such as the reason for the move, the non-relocating parent’s reasons for objecting, the relationship the child has with both parents, the various opportunities for the child in both locations, the projected effect of the move on the child, and the child’s preferences.
If the court approves the relocation, it does so with the goal of not negatively affecting the relationship between the child and the non-relocating parent. For instance, while visits may be less frequent, they could become much longer.
It is important for parents to follow proper notice when they seek to relocate to or from DuPage County, IL. Incorrectly notifying the other parent or moving without notice can result in penalties (including attorney’s fees for the non-relocating parent) and custody decisions that favor the non-relocating parent. Moving out of state without the proper permission can even lead to kidnapping charges.
Challenges Faced by Parents Seeking to Relocate
“Can I move out of state with my child?” A lot of parents do. In 2023, about 83,839 Illinois residents moved to other states. Of course, many variables go into relocating with children, especially if the move is out of state. A major challenge in such moves is the legalities, especially if the other parent objects to the relocation.
Following Legal Requirements
Parents are not always aware of Illinois laws when they relocate. For example, a parent who has the majority of parenting time may not realize it is necessary to inform the other parent about a move at least 60 days in advance. These missteps can mean delays in moving or even losing custody. A child custody lawyer can help you meet all the required steps to relocate.
Parents who want to relocate should review what is considered parental interference to make sure they do not accidentally hurt their case. It can be interference if a parent moves children out of state without permission or refuses parent-child time.
Proving the Child’s Best Interests
Relocation can have a huge effect on children and child custody arrangements. One challenge is showing the other parent or the court how the move could be in the child’s best interests. A child custody lawyer or family law attorney in DuPage County, IL, can help relocating parents make a compelling case about the move being in the child’s best interests.
If the court hears a relocation petition, it is important to know what can be used against you in a child custody case. For example, the other parent may try to bring up a criminal history from years ago. You should show why this criminal history is not relevant or, if it could be, why the move still makes sense for the child’s future.
Addressing Objections from the Other Parent
Many parents object when their co-parents want to move with the children. These objections can be valid, and it is possible a move would not be in the child’s best interests. However, even if objections make sense, a move can still be best for the child. It is important for parents to think long term. Common protests include these:
- The child will have a hard time adjusting to the new location.
- The move will hurt the child’s relationship with the non-relocating parent.
- The child is thriving now, and a move could disrupt his or her life.
- The child has a hard time making new friends as is. A move will make it even more complicated to form friendships.
- The reason for the move is not compelling enough. For instance, the parent could find an equally well-paying job in the current location.
Many parents who want to relocate weigh the pros and cons for a long time before exploring their options. Chances are, they’ve made these objections to themselves and still come away firm in their convictions about how relocation affects child custody. This process can help them make detailed plans about how to maintain the child’s relationship with the non-relocating parent. Plans should touch on other issues, such as school and health care, to allay the other parent’s objections.
Relocating parents should acknowledge reasonable objections and understand that the other parent could be feeling a loss, even if the parent does not get much time with the child. For instance, a co-parent who gets only supervised visitation at the moment may worry immensely about his or her relationship with the child. It helps to review the supervised visitation guidelines in Illinois and make a plan for ensuring parent-child time in person and virtually after relocation.
Relocating parents should remain open-minded and amenable to compromise and discussion. For instance, a parent who worries that a move would disrupt the child’s relationship with him or her might be okay having more time with the child during the summer and holidays. This parent could even end up having more time with the child overall.
Meanwhile, a parent who wants to relocate as soon as possible might not be able to do so, at least with the child. A reasonable compromise might be for the parent to relocate solo for now while the child finishes the school year in the current location with the other parent.
Discussing the Move With the Child
The child is an important person to communicate with about the move, and some children object. Teenagers often prefer to stay in their community if they have established friendships and a good routine at school. In these cases, the teens may prefer to live with the other parent. They might have a compelling case that the move would be contrary to their best interests.
Whatever the situation and the child’s age and maturity level, parents who want to relocate should be sensitive to their children’s feelings. They should acknowledge how relocation affects child custody and validate the children’s concerns.
A move, even one the child is excited about, can involve a lot of bumps and adjustments. Involving children in the process to the extent that makes sense for their age and abilities can make everything go more smoothly and empower the children.
Modification of Custody Arrangements in DuPage County, IL
Modifying custody arrangements can be relatively straightforward when both parents agree on a proposed relocation. The non-relocating parent signs a written agreement modifying custody arrangements. Once the court approves it, it becomes the new parenting plan.
If the parents disagree, the relocating parent files a petition to move and modify arrangements. The other parent has the opportunity to respond, and if he or she does so, the court schedules a hearing. The burden is on the parent who wants to relocate to show why the move would be in the child’s best interests.
The court may approve the move and modify custody arrangements. It draws up a new parenting plan with the changes in custody and visitation. If the non-relocating parent still has concerns about the move after it occurs, the parent may seek to modify or enforce these new arrangements.
Many variables go into how relocation affects child custody. Whether you are a parent who wants to relocate or a parent concerned about a proposed relocation, contact us at Erlich Law today.
