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What Happens if I Need to Move with My Child?

Judith Trentman Wilson, Attorney at Law, P.C. May 6, 2020

Like many other states, Illinois has a law which sets out requirements parents must follow if they need to move and have children in their care who are subject to an allocation order.

Allocation of parental responsibility, or allocation of parenting time, is how Illinois courts refer to child custody and visitation.

If a parent has equal parenting time or most of the parenting time, then that parent must give notice of a move to the other parent and also give the other parent a chance to object.

Ordinarily, the parent must give the notice 60 days before the move and must provide the other parent with the new address.

If the parents agree on the relocation, then the matter is rather straightforward. The parent not planning to move should sign the notice, and the parents will probably also want to submit a revised parenting plan to account for the move.

If the other parent does not affirmatively agree to the move, of if the parents cannot agree on a changed parenting plan, then the moving parent must bring the matter before the court to review.

The court will consider a number of factors in deciding whether the move is in the best interest of the child and, if so, what sort of allocation would best serve the child’s best interests.

It is important for parents to remember that not every move is subject to these rules. If parent chooses to move in-state and up to 50 miles away from the current residence, these rules do not apply.

Likewise, even out-of-state moves that are up to 25 miles away are not subject to these rules.

Parents should still review their court orders and consider speaking to a family law attorney before moving.