Do I need permission to move away with my child?

So long as there is internet and a camera, many workers are no longer tied to one particular geographical location. Families are moving out of town and sometimes out of state to be closer to extended family or to more preferable climates. In Illinois, when such a move is a part of or following a domestic relations case, it is referred to as relocation (formerly referred to as removal).

A parent’s desire to relocate a child more than 25 miles from the primary residence is no small feat in Illinois courts, particularly when the other parent still lives nearby. If a parent intends to relocate a minor child more than 25 miles away, then certain steps must be taken to give notice to the other parent. If those steps are not taken, then the Court may consider the failure to do so when weighing the decision to allow or deny the request for relocation.

Other than the required procedural steps, there are many substantive factors a Court considers when balancing the request for relocation, such as: the circumstances and reasons for relocation; the reason for the other parent’s objection; how relocation will impact parenting time between the child and other parent; the history and quality of each parent’s relationship with the child; the educational opportunities for the child at both the present and proposed new location; the presence or absence of extended family at either location; and the wishes of the child as appropriate based upon age and maturity.  The application of these various factors are case-specific to each family’s individual situation.

A child’s wellbeing is a serious consideration for the Court. The process may be expedited depending upon the time of year, but based upon the extent of the relocation, no Court will cut corners to reach a conclusion and risk an irreversible detrimental impact on the parent-child relationship. It is not wise to sell the house, and schedule the movers before a Court has rendered a decision. If relocation is something you are considering, it is best to first consult with an attorney familiar with the process in order to gauge the totality of the facts that the Court would review, before any steps are taken to relocate.