Press release
Chicago Divorce Lawyer Russell D. Knight Publishes Guide on Parental Relocation Rules in Illinois Joint Custody Cases
In Illinois, child custody arrangements are governed by a parenting plan, known as an Allocation of Parenting Time and Parenting Responsibilities. The Chicago divorce lawyer explains that these court-approved agreements set the terms for custody and often include provisions addressing parental relocation. If a parenting plan specifically allows for a move within a certain distance, the parent may relocate without needing further approval. However, if the plan does not include relocation terms, parents must follow Illinois law regarding parental moves.
Illinois law defines relocation as a move that exceeds 25 miles from the child's current residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties or 50 miles in all other Illinois counties. If the move exceeds these limits, the relocating parent must notify the other parent and seek court approval. "Relocation is not simply a matter of moving to a new home-it can have significant implications for a child's stability and parental access," the Chicago divorce lawyer states.
If a parent moves more than the allowed distance without obtaining permission, the court may view this as a violation of the parenting plan. For parents who share 50/50 custody, determining the child's primary residence becomes critical, as Illinois law considers relocation rules based on the child's residence, not the parents'. If both parents have equal parenting time, the court may analyze factors such as where the child attends school and which home serves as their primary residence.
When a parent seeks to relocate beyond the statutory limits, they must provide written notice to the other parent at least 60 days in advance. The notice must include the intended move date, new address, and whether the move is temporary or permanent. If the other parent agrees and signs the notice, the relocation may proceed without further court involvement. However, if the other parent objects, the relocating parent must file a petition for relocation, and the court will decide based on the child's best interests.
Illinois courts consider several factors when evaluating relocation requests, including the reasons for the move, the potential impact on the child's relationship with both parents, and the ability to maintain a 50/50 custody schedule. Russell D. Knight explains that a move across town may not disrupt joint custody, but a move to a different city or state may require a significant adjustment to the parenting plan. "If a move makes equal parenting time impractical, the court may modify custody arrangements, which could mean losing 50/50 custody," he warns.
Distance is a critical factor in determining whether joint custody remains feasible. Even within the allowed relocation limits, a move can affect school placement, extracurricular activities, and transportation logistics. While some parents can make long-distance joint custody work, others find that the travel demands make it unrealistic. Courts may also consider how the move affects parental involvement, particularly if one parent will struggle to maintain regular contact due to increased travel time.
If a parent moves beyond the statutory limits without securing approval, the non-relocating parent may petition the court to enforce the custody agreement. The court may order the relocating parent to return or modify custody to reflect the new circumstances. "Moving without court approval can jeopardize a parent's custody rights," Russell D. Knight states. "Parents should always follow the legal process to avoid unintended consequences."
For parents addressing relocation and joint custody concerns, having a clear and well-drafted parenting plan is essential. Russell D. Knight advises that parents include specific relocation provisions in their parenting agreements to prevent disputes. "A detailed parenting plan that anticipates future moves can save both parents from legal battles and uncertainty down the road," he explains.
Relocation with 50/50 joint custody requires careful legal consideration and, in many cases, court approval. Russell D. Knight's article provides valuable insights into Illinois custody laws, helping parents understand their rights when considering a move.
About the Law Office of Russell D. Knight:
The Law Office of Russell D. Knight is dedicated to assisting individuals with divorce, child custody, and parental relocation matters. Led by Russell D. Knight, the firm provides strategic legal guidance to parents addressing custody modifications and relocation requests. With a focus on compliance with Illinois family law, the Law Office of Russell D. Knight helps clients protect their parental rights while ensuring the best outcomes for their children.
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