Relocating Children after Divorce

 Posted on May 05, 2014 in Divorce

The dissolution of a marriage can bring with it a number of significant life changes. After divorce, one of the spouses may wish to relocate in order to get a fresh start. Normally, this would not pose a problem, but for an ex-spouse with children, it may not be as easy. Depending on what their child custody plan provides for, a parent may have to follow certain requirements set by law in Illinois in order to permanently or temporarily remove their children from a certain jurisdiction. Parent’s Rights In general, custody plans designate one parent as custodial and the other as non-custodial, even if both parents share time with the children. In fact, the custody plan itself may speak to the issue of removing or relocating the children out of state. Otherwise, Illinois law states that a custodial parent is able to relocate, either permanently or temporarily, with their children as long as they provide the non-custodial parent with advance and sufficient notice of their plans. The non-custodial parent may agree with the move; in that case, the parents may be able to reach an agreement outside of court. If the non-custodial parent is against the move, the custodial parent must ask the court’s permission to relocate. It is important to note that according to Illinois law, a custodial parent does not need a court order to relocate with their children within the state. As long as the move will not affect the non-custodial parent’s visitation schedule, a relocation should be allowed without court involvement or a change to the terms of the custody plan. Illinois Law on Out of State Removal In situations where the parents do not agree about relocation, the law provides protection of a non-custodial parent’s right to have regular visits with their children. In order to procure an order from the court allowing a parent to remove their minor children outside the state of Illinois, certain standards must be met. A custodial parent seeking the court’s permission to relocate must prove that removal is in the child’s best interests, and also must demonstrate an important reason for the move. Important reasons may include a new job prospect or access to certain necessary services that are only available outside the state, such as specific medical treatment. In considering whether the move is in the child’s best interests, the court will consider the following factors, among others:

• Whether the move will enhance the quality of life for the parent and child;
• The motives of the parent seeking to relocate;
• The motives of the non-custodial parent in opposing the move;
• The custody schedule currently in place;
• If a realistic visitation schedule can be followed if the move is allowed;
• The effect the move will have on the non-custodial parent’s visitation;
• Any potential harm to the child if the move affects the child’s relationship with the non-custodial parent;
• If it is impossible to reach a reasonable visitation schedule; and
• The overall effect of the non-custodial parent not participating in the child’s life on a daily basis.

Child Custody Attorney If you are considering relocating with your children, or have been served with a relocation request as a non-custodial parent, it is important to seek help from an experienced professional. Contact the family law attorneys at Davi Law Group, LLC today for a consultation. We serve clients in DuPage, Cook, Will, Kane and Kendall Counties.