The Difference Between Moving and Relocating for Divorced Parents in Illinois

Divorce can be a difficult process for both parents and children. In the midst of the challenges that arise during divorce, one major aspect to consider is how the allocation of parental responsibility will affect each parent’s ability to relocate with their child.

In Illinois, there is a legal distinction between moving and relocating when it comes to divorced parents. Understanding this difference is important for parents as they navigate parenting time arrangements and determine what is in the best interest of their child.

Moving vs. Relocating: Definitions and Legal Implications

Moving

In the context of Illinois family law, “moving” refers to a change in residence that does not significantly impact the distance from the child’s current primary residence. Specific thresholds determine whether a change is considered moving:

• Less than 25 miles from the child’s current primary residence in counties such as Cook, McHenry, DuPage, Will, Kane, or Lake.
• Less than 50 miles from the child’s current primary residence in any other Illinois county.
• An address outside of Illinois, but still within 25 miles of the child’s primary residence.

Relocating

“Relocating” involves a more substantial change in residence and carries specific legal requirements. A move qualifies as relocation if it exceeds:

• 25 miles from the child’s current primary residence in Cook, McHenry, DuPage, Will, Kane, or Lake Counties.
• 50 miles from the child’s current primary residence in any other Illinois county.
• 25 miles across state lines from the current primary residence.

Legal Processes and Requirements

Moving

For a move that falls within the aforementioned limits, the parent may proceed without requiring court approval or explicit consent from the other parent. However, it is prudent for the moving parent to inform the other parent to maintain transparency.

Relocating

Relocation involves a more structured legal process, mandating court approval or mutual consent between parents. The following steps outline this process:

• Notification

  The relocating parent must provide written notice to the other parent at least 60 days prior to the planned move. This notice needs to include the
  intended moving date, the new address, and the duration of the relocation if it’s not permanent.

• Agreement or Objection

  If the non-relocating parent agrees to the move, they should sign the notice, which is then filed with the court. If they object, the relocating parent
  must file a petition seeking permission from the court.

• Court Hearing

  The court will hold a hearing to determine whether the relocation serves the child’s best interests, considering multiple factors such as:

  • The wishes of the child and parents.
  • The child’s adjustment to home, school, and community.
  • The mental and physical health of all individuals involved.
  • The ability of parents to cooperate and the prior agreement or conduct between the parents.
  • The reasoning behind the proposed move and the objections to it.

Best Practices for Separated Parents Planning to Move or Relocate

• Open Communication

  Maintain honest and transparent communication with the other parent regarding any potential moves. This approach fosters cooperation and
  reduces the likelihood of disputes.

• Legal Consultation

  Consult a family law attorney early in the process. A lawyer can provide guidance tailored to your situation, ensuring compliance with legal
  requirements and protecting your rights.

• Documentation

  Maintain records of all communication and agreements related to the move or relocation. This documentation can be invaluable if disputes arise or
  if court intervention becomes necessary.

• Child’s Best Interests

  Always prioritize the best interests of the child in any decision-making process. Stability and continuity in the child’s life are paramount, and
  decisions should reflect this priority.

• Court Approval

  For relocations, secure court approval before making any significant changes. Ignoring legal requirements can result in severe consequences,
  including being held in contempt of court, modification of parenting time arrangements, or restrictions on future relocations.

Consequences of Ignoring Legal Requirements

Failing to adhere to the legal processes for moving or relocating can have serious repercussions. Unauthorized relocations can be challenged in court, potentially resulting in:

• Modification of the current allocation of parental responsibilities.
• Restricted or altered parenting time schedules.
• Contempt of court charges, leading to fines or other penalties.

Get Legal Guidance

By understanding the distinctions between moving and relocating and following the prescribed legal procedures, separated parents in Illinois can navigate these transitions smoothly, ensuring the well-being of their children and maintaining compliance with state laws. At WARD FAMILY LAW, LLC, we have extensive experience helping clients with family law matters, including issues related to parental relocation. If you are considering a move or relocation after divorce, contact us today for sound legal advice and representation.