Is Relocation Possible with Shared Custody?

 Posted on November 22, 2024 in Child Custody

In certain jobs and industries, relocation is an exciting opportunity for career development. However, when a parent is offered relocation, he or she must think long and hard about whether that is the right move for the family. This decision can become much more complicated for a parent who is divorced or separated from the child’s other parent.

Illinois has specific rules about when and how a parent can relocate. If you want to understand the implications of parental relocation in a shared custody arrangement, speak with an experienced Wheaton, IL family law attorney to learn more.

What Is Parental Relocation?

Parental relocation is when a parent wants to move somewhere far enough away from where he or she currently lives that the parent needs to get court approval. This could mean moving to another city, county, or even another state. Relocation can be a complicated issue to navigate when parents are not married but share custody.

Is Parental Relocation Legal in Illinois?

Parents in Illinois cannot simply move somewhere else without permission from the other parent or the court. There are specific laws for parents with primary custody who want to move more than 25 miles away within the state or out of state. According to Illinois law, anyone who wants to relocate needs to do the following:

• Inform the other parent. This should be a written notification that includes the reason you are moving, your new address, and how the move will affect the child.

• Wait for a response: A parent has 30 days to object to a move by their child’s other parent. If the other parent does not object to your relocation in this timeframe, you are free to move.

• Go to court: If the child’s other parent objects, the court needs to decide what should happen in a special hearing. Both parents can explain why they support or oppose the move, and the judge will decide if the relocation is allowed. The judge’s main concern is what is best for the child, including how the move will impact the child’s relationship with both parents and other family members.

If a parent does not get permission to move and does so anyway, there can be serious consequences. The court might order the child to be returned to the other parent, and there could also be penalties. In some cases, the parent who moved without permission could lose custody or visitation rights. To avoid these issues, speak with your child’s other parent or go to the court to seek permission before you move.

Schedule a Free Consultation with a DuPage County, IL Parental Relocation Lawyer

If you want to relocate with your child, it might be complicated. However, if you follow the law and communicate with the other parent, you might be able to make the process go more smoothly. A qualified Wheaton, IL family law attorney from Fawell & Fawell can help you understand how. Call us at 630-871-2400 to schedule a free consultation.