Exploring Reverse Relocation

Generally, when a coparent wants to move to a town greater than 25 miles from where they reside now (or 50 miles if residing outside of Chicago collar counties) with their minor child, they will need an agreement from the other coparent or permission from the court – if that parent is the residential parent. See 750 ILCS 5/600(g). However, what happens if the non-residential parent wants to move? They actually do not have to seek permission, but it is likely a basis to modify the parenting time schedule.

This scenario is commonly referred to as reverse relocation.  When creating a successful parenting schedule, factors to consider are the age of the child, the distance between the coparents’ homes, airfare or driving expenses, maintaining each coparent’s relationship with the child, and many more. Schedules should address regular time, holidays, and vacation time.

When it comes to exercising parenting time in two different states, schedules will likely require advanced notice to the other parent.  This means that both parents must preplan visits that require travel and let the other parent know of their plans in advance.  The schedule will likely specify how many days’ notice is necessary before the plans commence. Oftentimes, schedules allot time for the child to visit the relocated parent in their new state. There are often provisions detailing additional parenting time in either parent’s location as well, which will probably require even more notice than usual.

These schedules often detail both holiday time and built-in time for the relocated parent to visit the child in their home state.  A parent that has moved away may have more time on long stretches of holiday and school vacation time then the other parent or in a typically otherwise equally allocated schedule. For example, a parent may have every spring break and/or Thanksgiving break and longer stretches in the summer, and also school long weekends, given the travel time it takes for either the child or parent to see each other, and the otherwise lack of parenting time during the regular and routine school weeks.

The parenting plan may also memorialize details like which parent pays for travel expenses, who has decision making authority – which may be that parent in town with the child, how the parents will communicate, and other case-specific situations.  The goal of these schedules or modifications is to streamline the parenting time process during a relocation and make the move less strenuous on the child.

In cases where a move can significantly impact the child’s life and the parties cannot agree on a new parenting time schedule, the court will likely appoint a Guardian ad litem (“GAL”) to investigate the situation and make recommendations in the best interests of the child. 

A Parenting Coordinator can also be useful in these situations to help monitor, enforce and communicate about the parenting time schedule.

Under Illinois Law, both relocation and reverse relocation follow relatively strict procedure, which is governed by 750 ILCS 5/609.2.  For more detail, click here to learn about the process of relocating with a minor child under Illinois law.

The Law Office of Erin M. Wilson has represented parties in a variety of relocation cases. Further, Erin Wilson has been appointed as a GAL in many cases involving relocation. If you wish to relocate or stop a coparent from relocating, contact The Law Office of Erin M. Wilson LLC at 312-767-4220 to schedule a complementary consultation.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.