Yes, the parent with the majority of parenting time can move a child or children to another state. To do so, one of two circumstances must exist. First, the parent who does not have the majority of parenting time could agree to the move. If there is an agreement, a modified parenting plan will be entered that reallocates parenting time to accommodate the move out of state. Second, if there is no agreement, the parent with the majority of parenting time would need approval from the court to relocate to another state. In determining whether to allow relocation, the court is to look at specific factors for relocation and the court must determine that relocation is in the best interest of a child or children. In Illinois, prior to 2016, a parent with the majority of parenting time only needed the court’s permission to remove a child from the state. Effective January 1, 2016, a parent with the majority of parenting time now needs the court’s permission to relocate with a child if such a relocation would move the child more than fifty miles from their current residence if the parent resides in downstate or central Illinois.
Michelle R. Mosby-Scott is a lead family law attorney at Allison & Mosby-Scott in Bloomington Illinois. She focuses solely on family law, regularly representing clients in divorce, child custody and support, pension division and removal, and alimony. www.allisonmosby-scott.com