Co-Parents Should Consider These Aspects Before Their Summer Move

Many parents relocate their families over the summer – often from the city to the suburbs – as to not disrupt their children’s school year. Co-parents may not realize their parenting agreement has specific provisions about where and when they move.

Illinois Marriage and Dissolution of Marriage Act

The Illinois Marriage and Dissolution of Marriage Act mandates that if the parent with the majority parenting time or equal parenting time wishes to relocate with the children, he or she must give the other parent at least 60 days written notice if the move is more than 25 miles from their current residence. If the other parent is amenable, both parties should execute a relocation notice and file it with the court.

If the other parent does not support the move, the parent who wants to move must seek permission from the court by filing a petition.

What Will the Courts Consider in a Relocation Petition?

When parents cannot agree on the child’s relocation, a judge will consider many factors, including:

  • The impact of the move on the children
  • The history of the parents’ relationship with the children
  • Educational opportunities
  • The presence or absence of extended family at both the current and new locations

Other Aspects of a Potential Move Parents Should Consider

Parents should also be aware that if they share joint decision making on education, a move out of a school district will require an agreement with the other parent, even if the new school is within a 25-mile radius of the current district. If no agreement is reached, then the parents must attend mediation, and if mediation fails, the appropriate motion must be filed with the court.

Unfortunately, for divorced parents moving may not be just about finding a new home and relocating. Depending on your agreement, there may be another layer to consider to remain in accordance with the law.

Kogut & Wilson can provide guidance and support on all types of custody matters. Schedule a consultation with one of our attorneys to help you take the right steps when you are planning a move.


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