Relocation is a significant decision that can profoundly impact both parents and children. When one parent seeks to move with the child to a new location, it can create complex legal challenges. In Illinois, parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). As a Chicago parental relocation attorney at Gordon & Perlut, LLC, I understand the emotional and legal complexities involved in these cases and am committed to helping you protect your custody rights.
Parental relocation involves moving a child’s primary residence to a new location. Under Illinois law, if the custodial parent wishes to move more than 25 miles from the child’s current residence (in certain counties) or, 50 miles (in other counties), or out of state, they must provide notice and seek permission from the court. This law is in place to ensure that the move is in the child’s best interests and does not unfairly disrupt the non-custodial parent’s relationship with the child.
If you are a non-custodial parent and receive notice that your child’s other parent intends to relocate, you have the right to challenge this petition. The court will consider several factors to determine whether the relocation is in the child’s best interests:
1. The child’s relationship with both parents – The court will evaluate how the move will affect the child’s relationship with both parents. If the relocation significantly impacts the non-custodial parent’s ability to maintain a meaningful relationship with the child, this can weigh heavily against the move.
2. The reasons for the move – The court will scrutinize the reasons behind the relocation. If the move is for a legitimate purpose, such as a job opportunity or to be closer to family, it may be viewed more favorably. However, if the move appears to be motivated by a desire to limit the non-custodial parent’s access to the child, the court may deny the petition.
3. The child’s adjustment to home, school, and community – Stability is crucial for a child’s well-being. The court will consider how the move will impact the child’s current living situation, schooling, and community ties. A significant disruption to the child’s life can be a strong argument against the relocation.
4. The wishes of the child – Depending on the child’s age and maturity, their preference may be taken into account. While not the sole factor, a child’s desire to stay in their current environment or move with the custodial parent can influence the court’s decision.
As a dedicated parental relocation attorney, my primary goal is to ensure that your custody rights are protected and that any relocation decision is truly in the best interests of your child. Here are some steps you can take to challenge a relocation petition effectively:
1. Document your relationship with your child – Gather evidence that demonstrates your involvement in your child’s life, including school records, extracurricular activities, and time spent together. This documentation can show the court the significance of your role in your child’s life.
2. Highlight the impact of the move – Prepare to present evidence on how the relocation will negatively affect your child’s well-being, including disruption to their education, social life, and emotional health.
3. Offer alternatives – Propose alternative arrangements that can address the custodial parent’s reasons for the move without requiring relocation. For example, suggest extended visitation during school breaks or holidays if the move is related to a job opportunity.
In Illinois, the custodial parent must provide the non-custodial parent with a written notice of the intended relocation at least 60 days before the move. This notice should include the relocation date, the new address, and the duration of the relocation, if temporary. If the non-custodial parent agrees to the move, they can sign the notice, and it can be filed with the court. If the non-custodial parent objects, the custodial parent must file a petition with the court seeking permission to relocate. The court will then consider the best interests of the child and the factors outlined in the previous section when making a decision.
The court considers several factors, including the reasons for the move, the relationship between the child and both parents, the impact on the child’s adjustment to their current home, school, and community, and the wishes of the child, depending on their age and maturity. It’s important to remember that the court’s primary concern is always the best interests of the child.
Yes, you, as the non-custodial parent, have the right to challenge a relocation petition. To do so, you should provide evidence demonstrating how the move would negatively impact your relationship with the child and the child’s well-being. This can include testimony about the child’s current living situation, schooling, and social ties, as well as alternative solutions to address the custodial parent’s reasons for the move.
To strengthen their case, the non-custodial parent should document their involvement in the child’s life, such as participation in school activities, sports, and other extracurriculars. They should also gather evidence showing how the move would disrupt the child’s stability and offer viable alternatives to address the custodial parent’s reasons for relocation.
If you are facing a parental relocation issue, it is crucial to protect your custody rights and ensure that any decision is in your child’s best interests. At Gordon & Perlut, LLC, we are here to help you navigate this challenging process. Contact our Illinois relocation attorney at either our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a consultation. Let’s work together to safeguard your relationship with your child and secure a positive outcome for your family.