Can You Move With Your Child?

Relocating with your child after a divorce can be a daunting legal challenge in Illinois. Whether you’re seeking better educational opportunities, a new job, or a safer environment for your child, Illinois courts scrutinize such moves. Their primary focus is always on the best interest of the child. This guide will walk you through the legal steps, the court’s considerations, and what you can do to improve your chances of successfully relocating with your child after divorce.

Key Legal Steps to Relocate With Your Child in Illinois

Under Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2), parents wishing to relocate with their child must follow a clear process:

1. Provide Formal Notice

• You must give at least 60 days’ written noticeto the other parent. The notice must include:
  • The new address.
  • The reason for the relocation.
  • Whether the move is temporary or permanent.
• If the other parent consents, you both can submit the agreement to the court for approval.
• If the other parent objects, you’ll need to file a petition for relocation.

2. File a Petition for Relocation

• If the other parent objects to the relocation, you must file a formal petition for relocation with the court.
• The court will assess whether the relocation serves the best interest of the child by considering factors like the child’s educational, emotional, and social stability, and the ability to maintain a relationship with the non-relocating parent.

3. Prepare a Visitation Plan

• You will need to propose a detailed visitation schedule for the non-relocating parent to ensure continued contact with the child.
  • Visitation Options: Extended visitation during school breaks, virtual visits (Zoom, FaceTime), and regular calls.

What Illinois Courts Consider When Deciding on Relocation

Illinois courts follow a structured process based on the best interest of the child standard. The courts consider various factors outlined in the Illinois Marriage and Dissolution of Marriage Act.

Educational Opportunities

One of the first things the court evaluates is how the relocation will benefit the child academically. If the new location offers superior schools or special programs that align with the child’s needs, this can strengthen the case for relocation.

Example: In the In re Marriage of Fatkin case, the Illinois Supreme Court reversed a prior decision, allowing a father to relocate out of state with his children. While the case primarily focused on the father’s employment opportunities, it underscores the court’s consideration of factors that enhance the family’s quality of life, which can include educational opportunities.

Emotional Stability and Family Support

Courts also weigh how the move impacts the child emotionally. If the relocation brings the child closer to extended family or provides a more stable home environment, the court may look more favorably upon the move.

Case Study: In a notable Anderson Boback & Marshall child relocation case, the firm successfully opposed a mother’s petition to relocate her three minor children from Illinois to North Carolina. The court’s decision emphasized maintaining the children’s existing family and community ties in Illinois, highlighting the importance of emotional stability and continuity in the children’s lives. .

Parental Relationship and Visitation

The court will carefully examine how the relocation affects the child’s relationship with the non-relocating parent. A clear child visitation schedule and a reasonable plan for maintaining communication are crucial.

• Virtual Visitation: In many cases, courts encourage regular video calls to ensure that the child continues to have meaningful contact with the non-relocating parent.
• Extended Stays: Courts may require the child to spend longer periods (e.g., summers or extended school holidays) with the non-relocating parent.

Child’s Preference

For older children, the court may consider their preferences regarding the relocation, though this is only one of several factors.

Temporary vs. Permanent Relocations

Temporary Relocations

If the move is temporary (e.g., for a short-term job or family care), the court will still require approval if it significantly affects the child’s daily life or parental visits. However, temporary relocations are typically easier to approve as long as the child’s routine can be maintained.

Permanent Relocations

Permanent relocations undergo stricter scrutiny as they affect the child’s long-term stability. Courts will evaluate the long-term educational benefits, the emotional impact, and the feasibility of maintaining a relationship with the non-relocating parent.

You may learn more about the most recent child relocation law in our article “Changes to the Illinois Child Relocation Statute in Family Law for 2022.”

International Relocations: Additional Considerations

International relocations introduce even more complexity. Moving your child out of the country requires the court to assess whether the new location allows for meaningful contact between the child and the non-relocating parent.

• Hague Convention: If the destination country is a signatory to the Hague Convention on International Child Abduction, this may provide additional safeguards for the non-relocating parent.
• Cross-Border Visitation: Courts require a comprehensive plan that addresses how the child will travel back and forth for visitation.

Financial Impact of Relocation on Both Parents

One of the biggest concerns in relocation cases is how the move will impact visitation costs, particularly travel expenses for the non-relocating parent. Courts take this into account when deciding on a relocation.

• Cost-Sharing: Courts often approve relocation petitions that include a cost-sharing plan for travel and visitation, making it easier for the child to maintain regular contact with both parents.

Example: In Illinois relocation cases, courts consider how the move will impact visitation costs, particularly travel expenses for the non-relocating parent. To mitigate financial burdens and maintain the child’s relationship with both parents, courts may implement cost-sharing arrangements. For instance, a court might require the relocating parent to contribute to travel expenses to facilitate visitation.

Emotional Impact of Relocation on Children

The emotional toll that relocation may take on the child is a significant factor in the court’s decision. Relocating can disrupt the child’s routine, separate them from friends and family, and affect their sense of security. Courts often rely on expert testimony from psychologists or counselors to evaluate whether the relocation will benefit or harm the child emotionally.

Case Example: In re Marriage of Levites case, the court denied a mother’s petition to relocate her child to California despite allegations of abuse by the father. The court carefully weighed the emotional impact of the move on the child and ultimately prioritized stability and continuity in the child’s existing environment. This case underscores the court’s focus on maintaining the child’s emotional well-being when making relocation decisions.

FAQs on Child Relocation in Illinois

Can I relocate with my child without the other parent’s consent?

No, in Illinois, you must either obtain the other parent’s consent or seek court approval to relocate with your child.

What happens if the other parent opposes the relocation?

If the other parent disagrees, you will need to file a petition for relocation. The court will then decide based on the best interests of the child.

How does relocation affect child support?

Relocation can impact child support arrangements, especially if the move significantly increases the non-relocating parent’s travel costs. Courts may modify support orders to accommodate these changes.