Parental Relocation Disputes

 Posted on May 19, 2022 in Child Custody / Parental Responsibilities

 Divorce and child custody arrangements can be traumatic for a child, but uprooting a child from one city or state to another can elicit another host of traumatizing challenges. Motives such as employment advancement or a better educational opportunity might be a compelling reason for parental relocation. Still, the child's best interest should remain at the forefront of any life-changing decision. According to Illinois law, a parent with 50 percent or more parenting time is permitted to relocate the child without permission from the other parent or the court, so long as the relocation does not exceed a specific radius. 

When a move exceeds a certain radius, it is considered a relocation, necessitating permission from the other parent. If a parental relocation is in dispute, the parent can petition the court. 

Parental Relocation Law 

Effective January 1, 2022, Section 750 ILCS 603.5 of the Illinois Marriage and Dissolution of Marriage Act was amended with Section (a-5). This amendment allows the child's relocation to be temporary until a final judgment is made as long as it serves the child's best interests. The parental responsibilities of the original custody decree, including parenting time and decision-making, remain unchanged throughout the temporary basis of the relocation. This modification benefits the relocating parent by eliminating the waiting period for the court's final decision. Furthermore, Section (a-5) enables the family to temporarily assess how the relocation will affect the child and disputing parent.  

Although children are resilient and able to adapt to challenging circumstances, protecting their best interests is a mainstay of the court. So, a parent petitioning for a relocation that offers a chance for career advancement, a better education, or a safer environment will likely receive a favorable outcome. 

Twelve Factors of the Court’s Final Decision 

If a parent opposes the child's relocation, the other parent can petition the court. Contingent on many factors, the court determines its final decision based on the child's best interest. These factors entail the following. 

1. What is the reason for the move?

2. How far is the move?

3. Why is a parent opposing the relocation?

4. Will the opposing parent's relationship with the child be hindered?

5. What is the parenting plan?

6. Will the parenting plan need a modification?

7. Has either parent ever neglected any responsibilities ruled in the parenting plan?

8. Will the child's schooling provide a better education?

9. What are the financial implications of the relocation?

10. Where are extended family members located?

11. How will the move affect the child's access to extended family members?

12. How does the child feel about the relocation?

Contact a Cook County Parental Relocation Lawyer

Curtis Bennett Ross is a passionate, dependable child custody attorney and registered CPA proficient in parental relocation. With his team of professionals at The Law Offices of Curtis Bennett Ross, L.L.C., Curtis Bennett Ross diligently advocates for his clients, securing positive outcomes. Whether you are requesting or disputing a parental relocation, The Law Offices of Curtis Bennett Ross, L.L.C. can help. For a free consultation, contact a Chicago parental relocation lawyer for a free consultation at 312-984-1514.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm

https://www.illinoiscourts.gov/Resources/4ca8cce3-0af4-4661-acf6-3d12b5dea69d/2190949_R23.pdf