Illinois modification procedures changed significantly in 2016. Collar counties (DuPage, Kane, Lake, Cook, McHenry, and Will) are now subject to a 25-mile rule. Under this rule, parents with custody of minor children have almost unlimited discretion to relocate if the new residence is less than 25 miles away. In the state’s other counties, a 50-mile radius is the cutoff.
Even short-distance moves can be quite disruptive. Most divorced families spend months of trial and error developing a pickup and drop off schedule that works for everyone. Furthermore, a change of schools, even if it is within the same district, is usually disruptive for children.
That latter circumstance directly impacts the best interests of the children, and many parents can successfully block short-distance moves on these grounds.
The Importance of Joint Educational Decision-Making Power in Chicago
To go into more detail, a new school means new teachers, new curriculum, new rules, new expectations, and a completely new educational environment. A new school also means leaving old friends, abandoning cherished extracurricular activities, and yet another pickup and drop-off schedule.
To minimize these disruptions, most Illinois divorce decrees stipulate that the parents each have a say in the children’s education. Assuming that one parent remains in the antecedent school district (the place where the kids currently reside), that parent can make a powerful argument that a move would not be in the children’s best interests.
Note that these same dynamics apply even if the children relocated from one school to another in the same district. That could mean a move of only a few miles, or even a few blocks.
It is much easier for a relocating parent to overcome these objections if the other parent is not in the same school district. It is also easier to approve short-distance moves if the kids were already transitioning. If they would be changing schools anyway, perhaps advancing from elementary to middle school, a short-distance move is much less disruptive.
Illinois family law judges prize stability highly. If the parents have joint decision-making power, a judge is unlikely to approve a short-distance move without a hearing, if at all.
What if Only One Illinois Parent has This Power?
Even if the challenging parent has no authority in this area, this parent still has important rights. Although the move will probably go through, there are still issues to decide, such as:
- New school schedules,
- Updated activities schedules,
- Different commuting distance between home and school, and
- New transportation responsibilities.
Generally, a Chicago judge will hold a hearing to answer these questions.
There is also a “stitch in time that saves nine” approach. If the parties are still negotiating the original divorce decree, one parent can usually insert a residential radius clause. For example, this clause could limit a Chicagoland move to five miles. Judges routinely enforce these provisions, even though they are more limited than state law allows.
Contact Assertive Lawyers
Both parents have important rights in short-distance moves. For a confidential consultation with an experienced family law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Jessica Furtney)