When Must a Parenting Plan Be Modified Due to Parental Relocation?

 Posted on August 16, 2021 in Family Law

Parents and children are likely to experience changes in their lives in the years after the completion of a divorce. Some of the most significant of these changes involve a parent moving to a new home. When a parent plans to move, they may be unsure about whether this will require changes to the parenting plan that details how they share child custody and parenting time with the other parent. They will also need to understand the legal requirements that they will need to meet to ensure that they are in compliance with the court’s orders. By working with a family law attorney, a parent can make sure they follow the correct procedures, and they can request modifications to their parenting plan to address the changes in their lives. 

Illinois Parental Relocation Cases

A parent’s requirements when planning to move will depend on where they currently live, the distance they are planning to move, and the percentage of parenting time they have with their children. Parents who have the majority of parenting time or who divide parenting time equally with the other parent will need to receive permission from the court if they will be moving a certain distance away from their current home. For parents who currently live in Will County and the surrounding counties in the greater Chicago area, a move to a location that is more than 25 miles away from their current home is considered to be a parental relocation. 

At least 60 days before the date they plan to move, a parent is required to inform the other parent in writing, letting them know the date of the move, the address of the new home, and, if the move will be temporary, the amount of time they will be living at the new location. If there is no disagreement about the move, the other parent may sign the notice, and the notice will be filed in court. After a judge reviews any agreed modifications to the couple’s parenting plan to ensure that they will protect the best interests of the couple’s children, the relocation will be approved.

Parental relocation cases can become more complicated if the other parent objects to the move. These objections may be based on proposed changes to a parenting plan that would reduce a parent’s parenting time or concerns that children will be living farther away from family and friends or will have fewer opportunities to pursue education or participate in activities at the new location. In these situations, the parents will need to attend a court hearing, and a judge will look at multiple issues that may play a role in the case, including the relocating parent’s reasons for moving, the other parent’s reasons for objecting to the move, the children’s wishes, the history and quality of each parent’s relationship with the children, how the move will affect the children’s relationship with extended family members, and the educational opportunities for children at each location. The judge will look to ensure that modifications to a parenting plan will minimize any issues that would negatively affect the children’s relationship with either parent.

Contact Our Will County Parental Relocation Lawyers

Whether you are making plans to move to a new home or need to respond to a request by your ex-spouse to relocate, the Law Offices of Tedone & Morton, P.C. can advise you of your rights and options. We will provide you with representation in court hearings, and we will fight to ensure that your children’s best interests will be protected in the decisions that are made. Contact our Plainfield child custody attorneys at 815-666-1285 to arrange a complimentary consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000