How Far Can I Move When I Have Joint Custody in Illinois?

 Posted on February 25, 2022 in English

After completing the marriage dissolution process, the spouses will have a legal divorce decree outlining all of their responsibilities and division of assets from the marriage. If the couple had children together during the marriage, the divorce decree will also include information regarding parenting time and child support payments, if necessary. The information found in the divorce agreement is especially important when one or both spouses decide to make a change in their lifestyle following the divorce. Whether a spouse decides to begin a new job, remarry or relocate with joint custody, the decree will dictate what is permitted and what is not to maintain the responsibilities outlined from the divorce. 

Understanding Your Divorce Agreement

When deciding to relocate while you have joint custody following a divorce, it is important that you understand what is outlined in your divorce agreement. Typically, the court will allow a spouse to make any personal lifestyle changes as long as it coincides with what is written in the individual divorce decree. 

For example, it would not be a problem to move a few miles away because this would not conflict with the other spouse’s ability to have their parenting time with the children. However, legal issues could arise if you wanted to move to a new state with your children as this would hinder the other parent’s ability to uphold their parental responsibilities as outlined in the divorce agreement. 

Relocation Rules 

Expressed in Illinois state law, relocation with a child following a divorce is a significant change in circumstance that must be taken seriously. Parents must follow strict guidelines to ensure they are upholding their divorce decree. The relocating parent must submit a notice at least 60 days prior to the move with the moving date, the new address and how long the relocation is expected to last (temporary move or permanent move). The non-relocating parent must sign that they agree with the move. If they do not give permission for the other parent’s move, the relocating parent will have to petition in court as to why the move is necessary and in the best interest of the family and children. 

The court will grant relocation permission based on the following considerations:

• The reason for relocation

• The distance from the other non-relocating parent

• The quality of the relationships between each parent and the children 

• If the move will offer new educational opportunities for the children

• Whether or not there are other  family members in the new location 

• How to reallocate proper parenting time for each parent after the move 

• The children’s desires 

Find a Naperville, IL Divorce and Family Attorney 

If you are looking to relocate after a divorce, it is in your best interest to speak with an experienced attorney who can help guide you along the process. At J. Aldrich Law, P.C., our highly skilled Naperville, Illinois family and divorce attorneys have years of experience helping clients understand their divorce arrangements and make modifications to better fit their new lives. If you would like to schedule a free consultation, call us today at 630-953-3000 for more information. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000