Child Relocations or “Relocations” is when a parent/guardian relocates or moves out of the primary area, usually 25-50 miles.
In Illinois, a parent cannot relocate without the consent of the other parent. This is governed by 750 ILCS 5/609.2. The non-relocating parent will need to sign the Notice, and it will need to be filed with the Court in order for there to be no further court proceedings.
What is the Process of Child Relocations?
If the non-relocating parent does not consent to the relocation, the relocating parent will need to file:
- Notice to Relocate
- Petition to Relocate with the Court and serve the non-relocating parent.
There will then need to be a hearing on the Petition to Relocate.
How does a Court decide Child Relocations?
The Court’s determining factors in granting the Petition to Relocate are based on the best interests of the child.
The Court shall consider the following factors:
- The circumstances are reasons for the intended relocation.
- The reasons, if any, why a parent is objecting to the intended relocation.
- The history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment.
- The educational opportunities for the child at the existing location and at the proposed new location.
- The presence or absence of extended family at the existing location and at the propose new location.
- The anticipated impact of the relocation on the child.
- Whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs.
- The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation.
- Possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child.
- Minimization of the impairment to a parent-child relationship caused by a parent’s relocation.
- Any other relevant factors bearing on the child’s best interests.
How can Watson Law help you in a Child Relocation?
Watson Law will work with you to prepare you for the child relocation hearing. Whether you are the parent wishing to relocate or the parent wanting to prevent the relocation. Watson Law will meet with you to discuss potential witness’ for the hearing, as well as exhibits to be used for the hearing.
