Parenting Plan When Moving A Child Out of State
750 ILCS 5/609.2(g) Moving A Minor Child Out of State, PART XI
The purpose of this blog is to inform the reader as to the procedure and law that dictates considerations of modifying a parenting plan when moving a child out of state after a divorce has been concluded in Illinois.
A. Removal by Agreement vs. Removal by Contest in Court
II. Removal by Contest in Court
i. When the parties cannot agree as to the removal of a minor child then the court shall after a hearing determine whether the child should be removed. The section that controls removal when there is no agreement as to same is Section 609.2(g).
ii. This Section states that, “the court shall modify the parenting plan or allocation judgment in accordance with the child’s best interests. The Court shall consider the following factors”
1. The eighth factor that the statute sets forth is “whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs”. This is perhaps one of the most important factors that are listed in the new statute. The court must take into account several aspects of the move when determining whether a realistic parenting plan can be accomplished as a result of the move. The courts routinely look at whether travel by automobile is possible or whether travel by airplane is required. If travel by car is possible; and, depending on the length of the car ride required, the court would in most instances allow for extended weekends with the non-moving spouse and the child on weekends when the child has a Friday or a Monday off of school. The courts will also allow for a more extensive parenting time while the child is off of school for summer break. Should air travel be required, the court will again look to the costs of placing the child on an airplane; if the child is too young, the costs of an adult flying in with the child as necessary to accomplish the parenting time. The court will also consider the ability of the non-moving spouse to travel to the child’s new location. If the cost is high and the parties are with out sufficient funds, the court can reduce the amount of child support that the child would receive in order to allow the child to make the necessary trips to see the non-moving parent. Depending on the distance of the move and the parties financial condition, it is possible for a judge to deny a motion to relocate.
In the next blog we will take a look at the rest of the factors that the court can consider when determining whether the minor child can be removed from the jurisdiction of Illinois.
About the author:
James M. Kelly is engaged in representing clients in contested and uncontested dissolution of marriage proceedings and bankruptcy proceedings, both Chapter 7 and Chapter 13. James Kelly, has been practicing in the northwest suburbs of Cook County and to a very relevant extent McHenry County, Lake County and DuPage County. James Kelly has been admitted to the practice of law in the State of Illinois since 1994.
