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Overview of parental relocation in Illinois

Even people who grew up in the Peoria area and have their family here may find that, for whatever reason, they need to move elsewhere.

Whether it is for a new job, to take care of a sick loved one or to explore a new opportunity for one's child, sometimes it becomes obvious to a parent that they need to leave Peoria or even Illinois. Still, even if it is the right thing to do, moving involves a lot of legwork, including a bunch of legal and financial steps.

For those who are sharing custody of children with another parent who lives separately, moving presents an extra complication. Specifically, with few exceptions, when an allocation order is in place, the other parent has the right under Illinois law to receive advance notice of the move and have the opportunity to object. Parents will often object if the move is going to mean less time with their children.

This state's relocation law is fairly specific, as it requires a parent who is moving to give a written notice about two months in advance of the move whenever that is possible. The parent wanting to move must get the other parent to affirmatively agree to the move by signing their notice.

Otherwise, they will have to convince the judge that the move is being done for legitimate reasons and, more importantly, is in the best interest of the child.

Relocating when one is subject to an order covering allocation of parental responsibilities can be difficult, and it may require a trip to the courthouse since a substantial move will almost automatically allow a court to re-visit a custody arrangement. It may be important to for a parent who needs to move to get the help of an experienced family law attorney.

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