Moving vs. Relocating: What Divorcing Parents Need to Know

While moving and relocating share the same meaning in everyday life, they have distinct meanings in relation to Illinois child custody laws. Divorce is always challenging, but if you or your children’s other parent is planning a significant move, you can expect yours to be more so. If a move is in the works, help protect your parental rights by reaching out to an experienced Illinois child custody attorney today. 

Are You Moving or Relocating?

If you are divorcing or have already divorced and are planning a move, the distinction between the classification of moving and the classification of relocating is primary in terms of your child custody arrangements. Consider the following:

• If you are moving more than 25 to 50 miles away from your current home – depending upon the county in which you divorced – you are relocating.
• Anything outside of the above parameter is considered a move.

If you are the primary custodial parent and have an existing parenting time agreement in place, you don’t need to address the matter of a move with the court or with your ex. In order to relocate to a place that is more than 25 to 50 miles away from your current home, however, you will need the consent of your children’s other parent – or a court order. 

The Matter of Consent

If your ex agrees to the terms of your relocation, you can simply file a notice with the court regarding the change. If your ex, however, is not in agreement regarding your relocation, you’ll need to address the matter with the court, which involves a relocation hearing.

The Relocation Hearing

Illinois courts base every child-related decision on the best interests of the children, and as such, relocation hearings involve primary factors like the following:

• The level of closeness each child has with each parent and the degree to which the increased physical distance would affect these relationships 
• The degree to which the children are onboard with or against the move, which can sway the court’s decision
• The extent to which the move would improve or negatively affect the children’s ongoing education
• The extent to which the move supports the children’s relationships with extended family members – or the extent to which the move hinders these relationships 
• The practical effects of the relocation in relation to travel time for the children and the other parent, the cost of said travel, and the degree to which it infringes on the other parent’s rights.

Seek the Skilled Legal Guidance of an Experienced Illinois Child Custody Attorney Today

The distinguished Illinois child custody attorneys at Arami Law, Inc. have an impressive range of experience successfully guiding relocation cases toward advantageous outcomes that honor our clients’ plans and parental rights. If you are considering a relocation or your ex is planning one, you shouldn’t put off reaching out and contacting us for more information about what we can do to help you today.