New Illinois Family Law in 2016: Relocation of Children

When one parent wishes to move far away with a child, it can disrupt the other parent’s visitation rights and general involvement in the child’s life.  The new Illinois Family Law in 2016 will include limitations on how far a parent can move with a child before they must seek permission from a judge.  These limitations are more specific than prior law when it comes to the distance a parent can move.

Old Relocation Law – “Removal” of Child

Under the law existing prior to 2016, a parent having primary custody of a child could only move outside Illinois if granted permission by the court.  In determining whether or not to grant “removal,” the court would look towards whether the move was in the child’s best interests.  Among the factors considered could include the following:

• The likelihood that the move would enhance the general quality of life for both the custodial parent and the child;
• The motives of the custodial parent in seeking to move – whether the purpose of moving was intended to defeat or frustrate the other parent’s visitation time;
• The motives of the non-custodial parent in objecting to the move;
• Whether a realistic and reasonable visitation schedule could be reached if the move is allowed;
• The enhancement of the moving parent’s life resulting from the relocation, insofar as it would also enhance the life of the child;
• Whether the moving parent remarries a person from another state;
• Whether the parent seeking to move has better job opportunities in another state, which could result in a better lifestyle for the child from the increased earnings.

Also under pre-2016 law, a parent who had been granted sole custody or primary residential custody of a child would not need to ask permission from the court to relocate to any other part of Illinois, even if it were several hours away.  Courts could, however put a reasonable limitation on the distance moved. 

New Law in 2016: Parental “Relocation”

The new family law statute in 2016 no longer refers to the issue as “removal of child,” but rather a parent’s “relocation. ”  It establishes a new process for when a parent wishes to relocate with the child. 

The Process: Advance Written Notice Required

The parent seeking to move with the child will have to send notice in writing to the other parent, stating that he or she intends to move.  To send proper written notice, the following requirements must be met:

• The notice must state the date when the parent intends to move;
• The notice must list the new address where he or she will be moving;
• If the move is not permanent, the notice must state the length of time the parent will be living in the new location;
• The notice must be given to the other parent at least 60 days in advance of the move, unless the court orders otherwise. If such advanced notice would be impracticable, written notice would have to be given at the earliest date practicable. 

If the non-moving parent agrees with the move, he or she would sign the written notice, the moving parent would file the signed notice with the court, and the move would be allowed without any further court action.  If the non-moving parent objects to the move, or does not sign the written notice, the moving parent must file a petition with the court asking for permission to relocate.

When Written Notice is Required

The parents who must provide written notice of an intent to move include:

• The parent with whom the child resides the majority of the time
• Either parent, if the child resides with both of them equal amounts of time

The new statute now takes into consideration where the child currently lives, and how far the parent wishes to relocate with the child.   A parent would have to provide written notice if he or she wished to move:

• More than 25 miles from the child’s current home, if the child lives in Cook, DuPage, Kane, Lake, McHenry, or Will County;
• More than 50 miles from the child’s current home, if the child lives in any other county in Illinois;
• Out of state to a new residence that is located more than 25 miles from the child’s current home.

This changes the pre-2016 law in a major way.  Under the law prior to 2016, a parent would have to seek permission from the court before relocating across state lines, even if the new home were only a few miles away.   Now, a parent does not need to ask for court permission to move with the child across state borders if the new home is within 25 miles of the current home. 

Furthermore, a parent who has the child the majority of the time (referred to as the “custodial” parent in pre-2016 law) would now be required to seek permission to move within the state, if the move would be more than 25 miles from a home located in Cook, Dupage, Kane, Lake, McHenry, or Will Counties; or more than 50 miles from a home located in any other county.

In accordance with the changes to custody law in 2016, the new statute no longer makes reference to a parent having “custody” of the child, but rather the parent who has been granted the majority of “parenting time. “

Why the changes?

The main issue with “removing” or relocating children deals with the ability of the non-moving parent to stay involved in the child’s life, and to have reasonable parenting time after the move.  Illinois law generally encourages both parents to be involved in a child’s life, and for both parents to spend reasonable time with the child.  If one parent moves very far away, it could heavily interfere with the rights of a non-moving parent.   Under the law prior to 2016, a parent who had been granted “custody” of the child could not move outside the state, but could move anywhere within the state without seeking permission from the court.  This could lead to situations where a custodial parent living near the Illinois border would not be allowed to move to the next town over, but would be allowed to move hundreds of miles away as long as he or she remained within the state.  Rather than only dealing with out-of-state moves, the new statute now addresses the issue in more detail by putting specific distance limitations.  

If you are seeking legal representation in a Will County, Dupage County, or Kendall County case involving divorce, child custody, or other family law matters, call Navarro Family Law today to schedule a consultation at (815) 207-9570.