Following a divorce, the involved parties may feel the need to change things up in order to move on and close a rather painful chapter in their lives. The parent who has primary residential responsibilities regarding a child may want to move to another state to pursue new opportunities in employment or even a new relationship. These kinds of life changes can shake up even the most amicable co-parenting situation as a non-moving parent is faced with the possibility of not seeing his or her child regularly, or having to incur the costs of going to visit the child in the new home.

While the non-moving parent may get longer periods of visitation time, such as during school breaks and other long holidays, he or she stands to lose vital, frequent interaction with the child. The child’s connections to other family members and friends may also suffer, and he or she will have to change schools after the move.

The Best Interests of the Child

In today’s digitally-connected world, it has never been easier to find employment and educational opportunities. Sometimes, of course, these opportunities may be far from your current home. If you are single and have no children, taking a new job in another state could seem like an exciting adventure. If, however, you are a parent who shares parental responsibilities with a former partner, doing so is often much more complex.

Moving Out of State

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) contains provisions that apply to parents who wish to move out of Illinois with their children when they are subject to a parenting plan or court-issued custody order. If you wish to move out of state and have at least half of the parenting time with your child or more, you must notify the other parent of your intent to move. Notification is not required if your move will be less than 25 miles from your current home.

When you share parenting responsibilities for your child with your former partner, making decisions for your own life may not be as simple as it once was. Moving to a new city or state, for example, to pursue new opportunities is much more difficult for a parent subject to a child custody order—now called the allocation of parental responsibilities in Illinois. The difficulties are increased even further if the parent looking to move is the one who was granted primary residential responsibilities for the child and has the majority of the parenting time. If you are thinking about moving with your child, there are some things that you need to keep in mind.

What is a Relocation?

The Illinois Marriage and Dissolution of Marriage Act recognizes that not every move by a parent is considered a relocation. Instead, a relocation is defined as a move by a parent with at least half of the parenting time with the child that is:

Nobody likes the idea of feeling trapped. If you are like most people, you want the freedom to seek new adventures and new opportunities. Of course, certain responsibilities in life may limit your ability to enjoy such liberties, but that does not mean they are completely out of reach. If you currently share parental responsibilities with your child’s other parent, you may feel that you are no longer free to pursue your personal goals, especially if they involve moving to another part of the state or out of Illinois altogether. Getting permission from the court for a relocation, however, may be possible, and there are some things to think about before you make a decision.

Legal Requirements

When you are the parent with primary parental responsibilities and half or more of the parenting time with your child, you must obtain permission from the other parent before relocating with the child. If the other parent refuses, you can seek permission from the court for the move. You only need approval if your new residence would be within Illinois and more than 25 miles from a current home in the metro Chicago area, or more than 50 miles from a current home anywhere else in the state. An out-of-state move requires approval if it is more than 25 miles from a current home anywhere in Illinois.