Can A Judge Change Parenting Time Because Of The Move?
When a parent moves, it can quickly disrupt the current parenting schedule, even if the move is not very far. Longer travel times can make school mornings, activities, work, and exchanges harder, and may reduce the quality time a child spends with each parent. In Schaumburg, a judge can change parenting time if a move makes the current schedule unworkable or no longer serves the child’s best interests.
The court looks at several things, such as where the child lives now, how far the parent is moving, if the move counts as a statutory relocation, and whether there is already a parenting plan or allocation judgment. I also pay close attention to how the move will affect the child’s daily life and each parent’s involvement. A move does not automatically mean one parent will lose time with their child, but it can be a reason to change the schedule.
A Move Can Be A Basis For Changing Parenting Time
Illinois law permits parenting time to be modified when circumstances have changed, and a modification is necessary to serve the child’s best interests. Under 750 ILCS 5/610.5, parenting time may be modified at any time upon a showing of changed circumstances that necessitates modification in the child’s best interests. For more substantial modifications to a parenting plan or allocation judgment, the court generally looks for a substantial change in circumstances arising after the existing order or involving circumstances that were not anticipated when the order was entered.
A parent’s move can qualify as that type of changed circumstance. If a schedule that once involved a ten-minute exchange now requires an hour of driving each way, the court may have to reconsider weekday overnights, school transportation, exchange locations, or the structure of weekend parenting time. The issue is not whether the moving parent should be punished for relocating. The central question is whether the current schedule still works for the child.
Illinois Parenting Time Decisions Focus On The Child’s Best Interests
The starting point for any parenting-time dispute is 750 ILCS 5/602.7. Illinois courts must allocate parenting time according to the child’s best interests. The statute identifies numerous factors that can become especially important after a parent moves, including the child’s needs, the amount of caretaking each parent historically performed, the distance between the parents’ residences, transportation difficulties, the child’s school and activity schedule, and each parent’s ability to cooperate.
Distance is important because parenting time is about more than just the number of hours in a court order. If a schedule means long drives several times a week, it can get in the way of homework, sleep, sports, friends, doctor visits, and keeping a steady routine. A judge can look at whether fewer exchanges, longer visits, or a new weekday and weekend setup would work better for the child.
I also caution parents against assuming that a move automatically justifies reducing the other parent’s time. Courts generally begin with the presumption that both parents are fit, and parenting time is not restricted unless the statutory requirements for restriction are satisfied. A change in logistics is different from a finding that parenting time is dangerous or inappropriate.
Some Moves Qualify As A Legal Relocation
Illinois law distinguishes between an ordinary move and a statutory “relocation.” The definition is found in 750 ILCS 5/600. For children whose primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, an in-state move of more than 25 miles from the child’s current primary residence is considered a relocation. For children whose primary residence is in another Illinois county, an in-state move of more than 50 miles is a relocation. A move outside Illinois of more than 25 miles from the child’s current primary residence also qualifies. Distance is measured by surface roads using an Internet mapping service.
This difference is especially important for families in Schaumburg and the Chicago area, since Cook County is in the 25-mile group. Moving from one Chicago suburb to another can trigger the relocation law, even if you stay within Illinois.
Parents should not assume that staying in Illinois means they do not need legal review. It is the distance, not just the state border, that decides if a move counts as a relocation.
A Statutory Relocation Is A Substantial Change In Circumstances
Under 750 ILCS 5/609.2, a statutory relocation itself constitutes a substantial change in circumstances for purposes of modifying parental responsibilities under Section 610.5. That is important because the court does not have to speculate about whether the move is sufficiently significant to justify reviewing the parenting arrangement. Illinois law specifically recognizes relocation as a substantial change.
That does not mean the moving parent automatically receives permission to relocate with the child or that the existing parenting schedule is automatically replaced. The court must still determine what arrangement serves the child’s best interests. The statute directs the court to consider the reasons for the proposed move, the reasons for any objection, the quality of each parent’s relationship with the child, educational opportunities, extended family, the anticipated impact on the child, and whether a reasonable allocation of parental responsibilities can still be created after the move.
The court must also consider possible parenting arrangements that fit the parties’ resources and the child’s developmental needs, as well as ways to minimize harm to the relationship between the child and the parent who will live farther away.
The Parenting Schedule May Change Even If The Total Time Does Not
One important point that parents sometimes overlook is that modification does not always mean reducing one parent’s overall relationship with the child. A judge may change how the parenting time is structured rather than simply taking time away.
For example, a parent who previously had several weekday overnights may receive longer weekends because school transportation becomes impractical after the move. Holiday and summer parenting time may also be expanded to offset reduced weekday contact. Exchanges may be moved to a midpoint or scheduled around school to reduce transportation burdens.
The court has a lot of flexibility to create a schedule that fits the child’s situation. The goal is to keep strong relationships and avoid unnecessary changes.
The Reason For The Move Can Matter
If the move qualifies as a relocation under 750 ILCS 5/609.2, the court specifically considers the circumstances and reasons for the proposed move and the reasons the other parent objects.
A move connected to a legitimate employment opportunity, affordable housing, proximity to family support, remarriage, or another significant life circumstance may be evaluated differently from a move that appears designed primarily to make the other parent’s relationship with the child more difficult. The reason for the move is not considered in isolation, however. A good reason for relocating does not automatically prove that moving the child is in the child’s best interests.
I also consider if the move clearly benefits the child. For example, better housing may not be enough if the move seriously disrupts school, friendships, activities, or the child’s bond with the other parent.
Parents Must Follow The Relocation Notice Requirements
When a proposed move meets Illinois’s statutory definition of relocation, 750 ILCS 5/609.2 generally requires the relocating parent to provide written notice to the other parent under the parenting plan or allocation judgment and file a copy with the circuit court clerk. The notice ordinarily must be provided at least 60 days before the relocation unless that amount of notice is impracticable or the court orders otherwise.
If the other parent signs the notice and it is properly filed, the relocation may proceed without additional court action, although the parenting plan must still be modified in a manner consistent with the child’s best interests. If the other parent objects, refuses to sign, or the parents cannot agree on modifications, the parent seeking relocation must petition the court for permission.
Failing to comply with the notice requirement can create additional problems. The statute permits a judge to consider unjustified noncompliance when assessing whether the proposed relocation is made in good faith and can also support an award of reasonable attorney’s fees and costs caused by the failure to provide proper notice.
Moving First And Asking Permission Later Can Be A Serious Mistake
A parent should be very cautious about relocating the child first and assuming the court will approve the move afterward. If the relocation statute applies and the other parent objects, court permission may be required before the child is moved.
Moving without following the proper procedure can shift attention away from the merits of the relocation and toward the parent’s conduct. It can also create emergency litigation over where the child should live while the dispute is pending.
The safer course is to address relocation and parenting-time issues before the move occurs whenever circumstances allow. This provides an opportunity to determine whether the existing schedule can be modified by agreement or whether court intervention is necessary.
A Shorter Move Can Still Affect Parenting Time
Not every move qualifies as a statutory relocation, but that does not mean a shorter move is irrelevant. A move of fewer than 25 miles can still create major logistical problems in a densely populated metropolitan area such as Chicago, where traffic and commuting time can make relatively short distances difficult.
Under 750 ILCS 5/602.7, distance between the parents’ residences, transportation difficulties, schedules, and the child’s best interests remain relevant considerations in parenting-time decisions.
For example, a 20-mile move may not meet the statutory relocation threshold for a child whose primary residence is in Cook County, but it may significantly increase travel between homes during rush hour. If the existing parenting schedule becomes impractical because of that change, a parent may still seek a modification under 750 ILCS 5/610.5.
A Move Does Not Automatically Change Significant Decision-Making Authority
Parenting time and significant decision-making responsibilities are related but legally distinct. A parent moving farther away does not automatically lose authority over education, healthcare, religion, or extracurricular activities.
Under 750 ILCS 5/602.5, courts consider numerous best-interest factors when allocating significant decision-making responsibilities. Those factors include the child’s needs, the parents’ prior course of conduct, the distance between residences, transportation difficulties, daily schedules, and the parents’ ability to cooperate.
A move can therefore become relevant to decision-making if it substantially affects the parents’ ability to communicate or carry out existing responsibilities. However, a court does not simply transfer decision-making authority because one parent changes residences.
The Court Will Look At How The Move Actually Affects The Child
Arguments about relocation and parenting time are strongest when they focus on the child rather than the parents’ preferences. I want to know what the proposed arrangement means for school arrival times, transportation, homework, extracurricular activities, friendships, medical care, family relationships, and the child’s ability to spend meaningful time with both parents.
The court may also consider the child’s wishes when appropriate, particularly when evaluating a statutory relocation. Under 750 ILCS 5/609.2, the child’s preferences may be considered based on maturity and the ability to express an independent and reasoned view.
The child’s wishes are not automatically controlling. They are one factor among many, and their significance depends greatly on the child’s age, maturity, circumstances, and reasons for the preference.
Speak With The Law Office Of Fedor Kozlov About A Parenting Time Dispute
A parent’s move can alter far more than an address. It can affect school transportation, weekday overnights, extracurricular activities, holidays, exchanges, and the amount of meaningful time the child spends with each parent. Illinois law gives courts authority to modify parenting arrangements when changed circumstances make a different schedule necessary for the child’s best interests, and a statutory relocation expressly constitutes a substantial change in circumstances under 750 ILCS 5/609.2.
If a move has made your existing parenting arrangement difficult or you are concerned that an upcoming relocation will interfere with your relationship with your child, addressing the issue before the situation becomes more complicated can be important. A parenting-time order that worked when the parents lived nearby may need significant changes when distance, transportation, school, or work schedules change.
Contact our Schaumburg divorce lawyers at the Law Office of Fedor Kozlov at (847) 241-1299 to receive a consultation regarding parenting time, relocation, divorce, child custody decisions, visitation rights, paternity, or another Illinois family law matter. The firm represents clients in Schaumburg and throughout Chicago, Illinois.
