If parents relocate while they share custody, they are subject to the provisions of state law and the terms included in their individual parenting plans. Recent adjustments to the statutes outlining parental rights and responsibilities in Illinois alter the restrictions on parental relocations when there are minor children involved.
There is a 50-mile rule that applies in rural locations across Illinois. However, those living in the Chicagoland suburbs or the so-called collar counties are subject to a stricter 25-mile rule. Understanding what this means for a proposed parental relocation can be of the utmost importance.
Suburban parents are subject to strict limits
Most parents in Illinois who are not in Cook, DuPage, Kane, Lake, McHenry or Will Counties can move anywhere within a 50-mile radius without securing the pre-approval of the courts or the other parent. The rule is different for those living in Chicago or the collar counties around it.
Those near Chicago are subject to the stricter 25-mile rule. They can only relocate within a 25-mile radius of the other parent’s residence. The rule is potentially stricter than people might realize. The courts do not determine the radius as the crow flies by drawing a direct line.
Instead, they look at the distance traveled when using the most common routes between the two destinations. In other words, the actual travel distance in a motor vehicle, rather than the shortest line between the two points, is the deciding factor about whether pre-approval is necessary for a relocation.
In scenarios where parents can work with one another to modify the parenting plan and where a move is unlikely to have lasting implications for parenting arrangements, relocations can be simple and straightforward. Other times, they can be the source of contentious litigation. The other parent may fight the relocation request and may insist that the move could interfere with their access to their children.
Adults planning to relocate while subject to a court-approved parenting plan may need to discuss their situation with an experienced lawyer before submitting paperwork to the Waukegan courthouse in Lake County or the Wheaton courthouse in DuPage County. Parents worried about their relocation plans can reach out to the team at Lake Toback DiDomenico by clicking here or calling 312-626-7114 to review their options.