Relocation With A Child After Divorce

When parents separate or divorce, moving to a new home can become more complicated when a child is involved. A move that significantly increases the distance between parents can affect parenting time, school schedules, transportation, and the child’s relationship with both parents.

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How Does Relocation With a Child After Divorce Work?

Not every move to a new home is considered a legal “relocation” under Illinois family law. Illinois uses specific distance requirements to determine when the relocation rules apply.

For a child’s primary residence located in DuPage County, a move within Illinois is generally considered a relocation when the new home is more than 25 miles away from the child’s current primary residence.

A move outside Illinois is also considered a relocation when the new residence is more than 25 miles from the child’s current primary residence. Distance is measured using surface roads.

A Relocation May Affect:

  • Parenting Time
  • School
  • Transportation
  • Holidays and Vacations
  • Extracurricular Activities
  • Family Relationships
  • Parental Responsibilities

How Illinois Courts Decide Child Relocation Cases

Reason for the Move

The circumstances and reasons behind the proposed relocation.

Reason for the Objection

If the other parent opposes relocation, the court can consider why they believe the move should not occur.

Parents Relationship with the Child

The history and quality of the child’s relationship with each parent can be important.

Educational Opportunities

The court may compare the child’s educational opportunities in the current community with those available after relocation.

Extended Family

Consider the presence of grandparents and other family members in both locations.

Impact on the Child

The court considers how the proposed relocation could affect the child’s daily life and overall well-being.

How Relocation Can Change Parenting Time

Relocation with a child can require more than just changing where exchanges take place. A parenting schedule that worked when parents lived close together may become difficult when they live farther apart.

For example, frequent weekday exchanges may no longer be realistic if the child must travel a significant distance between homes. Parents may instead consider longer periods of parenting time during the weekends, holidays, school breaks, and summer vacation

A Revised Parenting Plan May Address:

  • Weekend parenting schedules
  • Summer parenting time
  • Spring and winter school breaks
  • Holiday schedules
  • Transportation arrangements
  • Pick-up and drop-off locations
  • Travel expenses
  • Phone and video communication
  • Extracurricular activities
  • School schedules and events

Building a Parenting Plan After Relocation

1

Regular Parenting Time

Determine how weekends and other regular parenting periods will work after the move
2

School Breaks

Longer school breaks can provide additional parenting time when frequent exchanges are no longer practical.
3

Summer Vacation

The non-relocating parent may receive longer blocks of parenting time during the summer
4

Holiday Schedules

Parents may alternate major holidays or divide longer holiday breaks
5

Transportation

The plan should clearly identify who is responsible for transportation and where exchanges will occur
6

Travel Costs

Parents should address how airfare, mileage, or other transportation expenses will be handled.
7

Virtual Communication

Phone calls and video chats can help maintain regular contact between in-person visits.