How Far Away Can A Parent Move And Still Have 50/50 Joint Custody in Illinois

Once you have 50/50 joint physical custody of your kids after an Illinois divorce and paternity action, you’re not likely to ever change your schedule.  Still, life will come at you with changes like new work schedules, new spouses, and new moves.  So, how far away can a parent move and still have 50/50 custody with their children?  Follow your Parenting Plan The simplest answer to “how far away can you move and still maintain a 50/50 custody and time-sharing arrangement” is that it depends on your Allocation of Parenting Time and Parenting Responsibilities.  This is also referred to as a “parenting plan” At the end of every divorce or parentage action, an allocation of parenting time and parenting responsibilities will be entered within the court.  This agreement is an individual contract between you and the other parent that the court has agreed is in the best interests of the children.  You and your ex have to live under the power of this order until the order is changed. Illinois parenting plans must have a provision that addresses relocation. “[A] parenting plan must set forth the following” … provisions for resolving issues arising from a parent’s future relocation” 750 ILCS 5/602.10(f)(12) So, the order might already allow you to move a certain distance from the other parent.  If so, this would maintain the 50/50 custody/time-sharing agreement that you originally entered into.  Usually, what isn’t written in the parenting plan is as important as what is written in the parenting plan.  If it doesn’t say you can’t move…then you can move so long as you are able to abide by the other clauses of the parenting plan. In the Parenting Plans that my family law office prepares, we always include exactly what will happen in a relocation or move of one of the parents. For example, this language is always included: “Intention of the Parties. While the parties anticipate that each will continue to reside within reasonable proximity of each other in the State of Illinois, in the event either party seeks to permanently relocate the minor children from the State of Illinois, the parties acknowledge the statutory definition of “Relocation” set forth in Section 600(g) of the Act (750 ILCS 5/600(g)) and the applicability of Section 5/609.2 of Act (750 ILCS 5/609.2).“ We typically say, “we intend to follow the statute” as our back up.  But you can write […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/how-far-away-can-a-parent-move-and-still-have-50-50-joint-custody-in-illinois/