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When is moving viewed as parental relocations in Illinois?

by | Aug 2, 2018 | child custody, firm news |

One of the most difficult issues to deal with in an Illinois divorce is if the custodial parent seeks to move away with the child. The noncustodial parent has the right to parenting time, but this can be made more difficult when there is a decision on the part of the custodial parent to move elsewhere. This move can be within the state or to another state entirely.

The foundation for handling a relocation is understanding how the law defines it. Prior to taking steps to address such a circumstance, knowing the definitions is imperative. Relocation means that there is a change in the residence from where the child primarily lives in the following counties: Cook, Will, McHenry, DuPage, Kane or Lake and the new location will be more than 25 miles away from where the child was. Internet mapping services are used for measurement purposes.

It will also be relocation if the change in residence from where the child primarily lives is in a county that is not one of those mentioned above and is more than 50 miles away from the current residence. When there is a change in residence from where the child currently resides to a location that is out of the state of Illinois and surpasses 25 miles from the current location, it will be considered a relocation issue. All will be measured via an internet mapping service.

For both parents, a custodial parent’s decision to relocate can lead to contentious disputes in even the most amicable cases. When there is ongoing tension between the parties, it will likely be made worse by an attempt to relocate. A law firm that is experienced in family law and parental relocations can help with a case from the perspective of the parent who has custody and is trying to move or the parent who does not have custody and has concerns about the move.