Relocation and its Impact on Parenting Time

When parties pursue a divorce, but have children during the marriage, there are ways to allocate parental responsibilities and parenting time pursuant to the Illinois Marriage and Dissolution of Marriage Act. However, when a parent is planning to relocate with or without their child, it raises the need for a modification to the parenting time schedule.

Parenting Time

Parenting time is the time that a parent spends with a child, during which they are responsible for non-significant decision-making responsibilities and exercising caretaking functions. Significant decisions encompass issues that have long-term importance in a child’s life. Caretaking functions, as defined under 750 ILCS 5/600, include several of the following actions:

• Meeting a child’s nutritional and developmental needs;
• Ensuring school attendance;
• Helping a child develop and maintain appropriate interpersonal relationships;
• Ensuring that a child is attending all their medical appointments and follow-ups;
• Providing guidance; and
• Arranging alternative care for the child.

Parenting time is modifiable at any time if there is a substantial change in circumstances that necessitates modification to serve the best interests of the child.

Relocation

Pursuant to 750 ILCS 5/609.2, a parent who is allocated majority parenting time or either parent who has been allocated equal parenting time may seek relocation with the child. When a parent is seeking to relocate, this constitutes a substantial change in circumstances, which is a reason to modify a parenting plan. Relocation can be defined as:

• a change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an Internet mapping service using surface roads;
• a change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an Internet mapping service using surface roads; or
• a change of residence from the child’s current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service using surface roads.

750 ILCS 5/600(g).

The legal processes that are required for a parent requesting relocation are to 1) provide written notice of the relocation to the other parent, and 2) file a copy of the notice with the Clerk of the Circuit Court. The must be at least 60 days’ written notice before relocation, and the notice must include 1) the intended date of relocation, 2) the address of the new residence, if known, and 3) the length of the time the relocation will last if it is not for an indefinite or permanent time.

There are two potential responses from the non-relocating parent. If the parent signs the notice and the notice is filed with the Court, the relocation is allowed without any further action. The Court will modify the parenting plan to accommodate the parent-child relationship in the best interest of the child. However, if the parent raises an objection and does not sign the notice, or there is no agreement on the modification of the parenting plan, the parent seeking to relocate must file a Petition to Relocate.

Modifying Parenting Time

The Court will modify parenting time in the parenting plan according to the best interest of the child factors as defined under 750 ILCS 5/609.2, which include, but are not limited to:

• The circumstances and reasons for relocating;
• Reasons for objecting, if there are any;
• The history and quality of each parent’s relationship with the child and whether they substantially failed to exercise their allocated responsibilities;
• Whether there is extended family at the current and proposed new location;
• The wishes of the child;
• Possible arrangements for parental responsibilities; and
• Minimizing impairments to the parent-child relationship as a result of the relocation.

When revising parenting time schedules, parties should consider specifying how frequently in-person visits can occur, an ideal schedule for virtual visits to maintain parent-child communication, any changes to vacation arrangements, and other related considerations.

Contact O. Long Law, LLC today to connect with one of our experienced family law attorneys.