Can I Relocate for Work if I Have Joint Custody?

 Posted on January 04, 2024 in Child Custody

When parents go through divorce, they need to come up with a parenting plan that explains how they will raise their children once their marriage has ended. This plan needs to set out which parent the children will live with. If the parents share custody, their parenting plan will need to include specifics about where the children will be when, how often they will switch from one parent to the other, who they will spend holidays and birthdays with, and more

However, these plans are drawn up based on the parents’ and children’s circumstances at the time of the divorce. Conditions might change and this could require some changes to the parenting plan. If your boss is asking you to relocate but you share custody of your children, an experienced Naperville, IL divorce lawyer can help you make sense of this confusing situation and explain what your rights are.

Can Parents Who Share Custody Relocate According to Illinois Law?

People go through changes, and that is simply accepted as a part of life. However, when people go through changes after a divorce and those changes can infringe on their ability to fulfill their commitments in their parenting plan, it can be problematic. One such major life change that can affect the children, as well as both parents, is parental relocation

Even if the relocation is within the same state, it can certainly make it harder for the child to move from one parent to the other. If your child lives with you full-time but your ex still has visitation rights, your move out of the city, let alone the state, can render them unable to participate in their visitation.

Generally, the court needs to grant its approval before any parental relocation can happen. The decision to approve such a request will be based in large part on whether or not it would be serving the child’s best interests. If the other spouse does not agree that the move would be best for the child, this certainly complicates matters.

In deciding whether to approve or deny parental relocation, the court will take several aspects under consideration, including:

• What does the child want?

• How old is the child?

• What do the parents each want?

• What is the reason for the relocation request?

• How would parental relocation affect the child’s relationship with the other parent, extended family, and friends?

• What would the child’s new school arrangement be? Is it suitable?

Once the matter has been reviewed fully, the court will make its decision. Alternately, parents can agree on proposed changes to a parenting plan and submit those changes to the court for approval, potentially saving both sides a fight over custody changes

Schedule a Free Consultation with a Naperville, IL Divorce Attorney

If your boss has asked you to consider relocating for work and this relocation would affect your parenting plan, a DuPage County, IL parental relocation lawyer can navigate you through this complicated time and advocate vigorously for your rights. Please call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation.