Divorce can often lead to significant life changes, including the desire to relocate to a new city or state. However, if you have children and are considering moving after a divorce, it is crucial to understand the legal implications involved. In Illinois, family law recognizes the importance of maintaining meaningful relationships between parents and children. Therefore, relocation after divorce requires careful consideration and adherence to specific legal requirements. This blog post will explore the key aspects of relocating after divorce in Illinois, including the relevant legal framework and some factors considered by the courts.
In Illinois, the legal framework for relocation after divorce is generally governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Under the IMDMA, a parent with primary or equal parenting time must obtain court approval before relocating with a child more than 25 miles away from their current residence.
The parent wishing to relocate must file a petition seeking permission to move with the child, providing detailed information about the intended move, including the new address, reasons for relocation, proposed visitation schedule, and any other relevant factors. The non-relocating parent has the right to object to the proposed relocation, in which case the court will hold a hearing to determine whether the move is in the child’s best interests.
When deciding on relocation requests, Illinois courts prioritize the best interests of the child. Factors considered in determining the child’s best interests include:
- The child’s relationship with each parent: The court will evaluate the existing relationship between the child and both parents, considering factors such as involvement in the child’s upbringing, emotional ties, and stability provided by each parent.
- Educational opportunities: The potential impact of the move on the child’s education, including access to quality schools and extracurricular activities, will be assessed.
- The child’s preferences: If the child is old enough and mature enough, the court may consider their wishes regarding the relocation, though this is not the sole determining factor.
- Impact on the child’s well-being: The court will evaluate the overall impact of the proposed move on the child’s physical, emotional, and social well-being, including the availability of support systems and extended family members in the new location.
- Reason for relocation: The court will assess the reasons provided by the relocating parent, weighing whether the move is motivated by legitimate factors such as employment opportunities, educational advancement, or a better quality of life.
Relocating after divorce can be a complex process, especially when children are involved. In Illinois, the courts prioritize the best interests of the child when deciding on relocation requests. It is crucial to understand and comply with the legal requirements outlined in the IMDMA to ensure a smooth transition and maintain the parent-child relationships.
