Studies have shown that children greatly benefit from the ability to maintain healthy relationships with both of their parents, even when those parents are divorced or were never married. Because of this, Illinois law has requirements in place that parents must follow if one parent wishes to relocate a great distance away from their child’s current home. This is especially significant when parental responsibilities and custody are shared. A skillful child custody attorney can help parents to better understand relocation and its requirements.

What Constitutes Relocation?

In the state of Illinois, relocation is established based on the number of miles the new home will be from the child’s original home. However, this number is not consistent throughout the entire state and varies depending on the county the home is located in. For instance, a move will be considered a relocation if:

• The child’s original home is in DuPage, Lake, Will, Kane, McHenry, or Cook Counties and the parent and child are moving more than 25 miles away while staying within Illinois.
• The child’s original home is in any other Illinois county and the parent and child are moving more than 50 miles away while staying within Illinois.
• The child’s original home is in any other Illinois county and the parent and child are moving to a new state more than 25 miles away.

Requirements for Relocation

A parent who is planning to relocate with their child must first provide the other parent with a written notice that includes the intended relocation date and the new residence address. The notice must be provided at least 60 days prior to the intended move date and should also be filed with the court. After it has been filed with the court and the other parent signs the notice, no further court action is necessary for the move.

Whether you are divorced or you never married your child’s other parent, child custody issues can be contentious. Understandably, parents have strong opinions about what is best for their kids. When divorced or unmarried parents disagree about the allocation of parental responsibilities or parenting time, the court may intervene. If you are in the midst of a child custody dispute, it is important to understand the factors used by Illinois courts when ruling on these types of cases.

The Child’s Best Interests

The primary concern in a child custody dispute is reaching a resolution that promotes the child’s mental, physical, and emotional well-being. In other words, the court’s priority during a child custody case is the child’s best interests. Of course, what is in a child’s best interests is not always easy to ascertain. Illinois has adopted over a dozen individual factors that courts should consider when determining a child custody arrangement that is in the child’s best interest. These so-called “best interest factors” include:

• Each parent’s custody preferences

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For the past 18 months or so, the United States has been battling the COVID-19 pandemic. As more and more people get the COVID-19 vaccine, states have begun to lift restrictions and mask mandates, including Illinois, which lifted mask mandates at the end of May. Dealing with the pandemic has raised many legal issues,  such as the rights of individuals when it comes to mask-wearing and vaccinations. As the FDA has granted one vaccine manufacturer emergency use authorization for children 12 and older, and a second is getting ready to request full licensure for children to receive their vaccine, another major legal issue may be looming: What happens when co-parents disagree on whether their child should receive the vaccine?

Allocation of Parental Responsibilities

Several years ago, Illinois lawmakers did a complete overhaul of the state’s family law statutes. Included in those changes was the elimination of terms like child custody and visitation. Instead, family court judges issue orders regarding the allocation of parental responsibilities and parenting time.

The allocation of parental responsibilities addresses important decision-making on issues that affect the child. These include education, religious upbringing, healthcare, and extracurricular activities. The courts have three options when it comes to the allocation of parental responsibilities and will always choose the one that is in the child’s best interest: