You Can Go Your Own Way—Once a Judge Weighs In

Americans relocate for many reasons, ranging from family obligations to the pursuit of exciting new career opportunities. Especially with the rise of “work-from-home” jobs, more people than ever are feeling empowered to make big moves in pursuit of, among other things, pleasant weather, family proximity, or increased quality of life. According to the U.S. Census Bureau, nearly 7.9 million people moved between states in 2021, up from almost 7.4 million in 2019 and this increase does not take into account moves from city to city within the same state.



As exciting as a fresh start can be, there is no doubt that a residential move is always stressful, inherently involving meticulous planning and logistics. If you couple that with child custody considerations in the State of Illinois, it would be wise to make sure that this meticulous planning involves consulting with an attorney—or you may run the risk of violating the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”).

Under the IMDMA, the distribution of parenting time may be modified at any time upon a showing of “changed circumstances that necessitates modification to serve the best interests of the child”. (750 ILCS 5/610.5) The Act states clearly that a relocation by a parent constitutes changed circumstances. (750 ILCS 5/609.2) Despite its name, the Act applies to any parent with allocated parenting time of a minor child, not just divorced couples.

What does it mean to “relocate”? It does not only mean a move out-of-state. The Act defines “relocation” as any move involving:

1. A change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an Internet mapping service;
   
2. A change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an Internet mapping service; or
   
3. A change of residence from the child’s current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service.

750 ILCS 5/600. 

If you think your upcoming move is going to fall into one of the three categories listed, then your parenting time agreement is subject to modification due to these changed circumstances. This then means that if you are a parent with full or equal parenting time under your parenting agreement seeking to relocate with your child, you are required by law to provide written notice (sent to the other parent, AND filed with the court) notifying them that you intend to relocate. 750 ILCS 5/609.2. You are to include in the notice the date of your move, where exactly you are moving to, and for how long. Id.

If your co-parent consents to the relocation, the two of you will draw up an updated parenting plan for the court, easy as can be. However, if your co-parent refuses to consent, you will be obligated to file a petition with the court seeking the judge’s permission to relocate with your child. Id.

As part of the process, you and your lawyer will need to explain why this relocation is in the “best interest of the child,” which is the enduring legal standard for determining issues of parental allocation and child welfare. The Act directs judges who are confronted with relocation to consider eleven different factors:

1. The circumstances and reasons for the intended relocation;
2. The reasons, if any, why a parent is objecting to the intended relocation;
3. The history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;
4. The educational opportunities for the child at the existing location and at the proposed new location;
5. The presence or absence of extended family at the existing location and at the proposed new location;
6. The anticipated impact of the relocation on the child;
7. Whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;
8. The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation;
9. Possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child;
10. Minimization of the impairment to a parent-child relationship caused by a parent’s relocation; and
11. Any other relevant factors bearing on the child’s best interests.

750 ILCS 5/609.2

When representing you in this type of dispute, I would sit down with you and develop a plan to explain why your circumstances weigh towards a relocation being the best thing for your child. Courts are mindful that the consideration of a unique child's best interest cannot be reduced to a simple bright-line test, and the special case-by-case circumstances of each individual family will always be considered. Siegel v. Siegel, 2021 IL App (5th) 210197-U, ¶ 64.

It is essential that you work to follow the letter of the law in the delicate area of co-parenting disputes; understandably, judges often look harshly upon parents who move their child unannounced, without giving formal notice to their co-parent and the court. Remember, your co-parent has rights too.

If you (or your co-parent) are considering a big move and you have questions regarding your allocation of parenting time, your rights under your unique parenting arrangement, or other topics relating to family law, please reach out to the attorneys at Lavelle Law at 847-705-7555, or email Attorney Annette Corrigan at acorrigan@lavellelaw.com to schedule your free and confidential consultation to discuss your options.