These days, with the world at your fingertips through the Internet, it is easier than ever to find a new job or locate a new house, making parental relocation even more likely than it might have been in the past. Unfortunately, after divorce, if you or your ex-spouse decides to relocate, this can further complicate parental responsibilities and parenting time. In fact, custodial issues surrounding relocation require courtroom proceedings in which the ex-spouse requesting a move must demonstrate that the relocation is in the best interest of the child. If any of this is the case with you or your ex-spouse, consider this advice to make sure you and your children continue to have a positive relationship despite the move.

What Happens if You or Your Ex-Spouse Decides to Relocate

Overall, parental relocation usually requires modification of child custody orders and changes to a parenting plan. Relocation often leads to drastic changes in parenting time, and while many couples prefer to simply agree to the terms of these agreements and plans verbally, these types of oral declarations are not enforceable by law. In order to ensure that the rights of all parties are protected, it is usually best to seek the assistance of a lawyer and develop a legally binding agreement. Relocation is especially challenging if one of you wants to move out of state, much farther away from the other ex-spouse and the child’s current location.

What Happens When the Court Gets Involved in Relocation Plans

Parental relocation—and child relocation in particular—might require courtroom intervention. Usually, the parent requesting relocation strongly believes the move will greatly benefit the child, while the other parent may worry that his/her relationship with the child will be adversely affected by the move. In situations like these, it is reasonable for you, your ex-spouse, and your respective lawyers to seek the counsel and subsequent decision of a judge.

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The health and well-being of a couple’s child should always be a top priority when ending a relationship or going through a divorce. During this process, a parenting plan will be created to make decisions and establish rules that the parents should follow regarding issues such as the allocation of parental responsibilities and parenting time. Parents can save a lot of time and money by working together and addressing these matters prior to facing a judge. However, if a couple cannot come to an agreement, the judge will be required to make legally binding decisions that would reflect the best interests of the child.

Decision-making Responsibilities

The allocation of parental responsibilities, which was formerly known as child custody in Illinois, refers to the right to make decisions about a child’s upbringing. Illinois law recognizes four areas of parental responsibility: education, healthcare, religion, and extracurricular activities. Unless both parents agree in writing about how to divide these responsibilities, the judge may allocate certain areas of decision-making authority to one parent or have both parents share the responsibility. In most cases, it is beneficial for children to have both parents participate in making decisions about how they should be raised, so a parent may need to have justifications as to why he or she believes certain areas of responsibility should or should not be shared.

Determining Parenting Time

Illinois law states that parents are presumed to be fit and that they have the right to have reasonable amounts of parenting time (formerly known as visitation) with their children. Unless there is evidence that spending parenting time with one parent would put a child in danger, there may not be any restrictions on parenting time for either parent. Ideally, parents should work together to determine a parenting time schedule that gives children a good amount of time with each parent, but in some cases, the judge may need to allocate parenting time based on what is in children’s best interests.

Factors a Judge May Consider

If parents cannot reach an agreement about matters related to their children, the ultimate decision may be left up to the judge in their case. When determining how to allocate parental responsibility and parenting time, the judge may consider the following factors:

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Going through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

• Parents’ wishes

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During and after a divorce, the Illinois Marriage and Dissolution of Marriage Act allows both parents to have reasonable parenting time with their child. In some situations, if a parent is worried about his or her child’s physical or mental well-being when spending time with the other parent, he or she can request a hearing to ask for supervised visits. The parent requesting this supervision needs to show evidence to support this request. If you are ordered to have supervised parenting time with your child, an experienced family law attorney can help you determine the best way to proceed.

Factors that May Require Supervision

Many factors are considered when deciding if parenting time will be supervised or not. In general, Illinois courts prefer to promote a healthy parent-child relationship, even during disputes over parental responsibilities (child custody). For a parent to have supervised parenting time, the court must consider the child to be in serious danger if he or she were to be left alone for a period of time with that parent. The court also has the right to modify an existing parenting time order if needed. If two ex-spouses have an argument, or if one parent does not like the other parent’s new partner, that typically does not qualify as seriously endangering the child mentally, physically, or emotionally. On the other hand, if the other parent (or his or her new love interest) is physically or verbally abusive to the child, that is grounds for seeking supervised parenting time. In some cases involving domestic abuse to the other parent or the child, the court may issue an order of protection to limit or restrict an allegedly abusive parent's access to the child entirely. If one parent is diagnosed as mentally ill or is found to be abusing drugs or alcohol, those would be valid reasons for supervised parenting time. After a certain amount of time, supervised parenting time orders can be reviewed to determine if they should be reversed or modified. This could happen in cases where an alcoholic parent becomes sober, or if they are under the care of a physician and are seeking treatment or therapy for a mental disorder.

Who Can Supervise Parenting Time?

Once supervised parenting time is ordered, the court can appoint another family member, a friend, or a third party to supervise the visits between a parent and child. Supervised parenting time centers can provide a neutral meeting place where trained staff or social workers can observe the visits. In most scenarios, there is no fee for low-income families to attend these centers. In Illinois, courts can place other types of restrictions on parenting time if they determine it is necessary or in the best interest of the child, including specifying certain locations for visits,  denying parenting time when the parent is under the influence of drugs or alcohol, or restricting overnight parenting time. Normally, only parents have a legal right to parenting time. In certain situations, however,  grandparents, great-grandparents, step-parents, and siblings can request a visitation order from the court if they so choose.

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The American Academy of Pediatrics recommends zero screen time for children under two years old, and it encourages “consistent limits” on screen time for children six years old and older. However, the average child between the ages of 8 and 18 spends seven hours a day in front of a screen, and too much screen time can be detrimental to children’s physical health, development, and motor skills. As a parent, you only want the very best for your child, and you may choose to set limits on their screen time in order to ensure their health and well-being. But what if your ex-spouse does not agree with these or other rules?

It can be extremely difficult for a divorced parent to deal with a former partner who, in their opinion, does not have the best interests of their child in mind and demonstrates this by allowing their child to spend unlimited time watching TV or bent over a smartphone. Parents may be able to address these concerns during divorce and in the years after by creating a parenting plan that works for the children first and the parents second, with a focus on open communication and compromise between the parents.

Addressing Different Parenting Styles

Divorced parents may have different parenting styles, and this should not necessarily be seen as a negative. In fact, it is a great asset for children to have both a mother and a father actively involved in their lives, and this is something that should be preserved unless there is serious reason to believe that one parent is negligent or abusive.

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