What Is Sole Custody?
In Illinois, sole allocation of parental responsibilities (formerly known as “sole custody”) allows a parent to be solely responsible for making decisions for a minor child. Statutorily, these decisions are broken down into four different areas, namely: Education, Religion, Medical, and Extra Curricular Activities.
Generally, the parent who is allocated sole responsibility over these areas has the “final” authority to decide how to proceed if the parties reach an impasse. However, the typical scenario requires both parties to engage in a discussion regarding any decision-making, and if there is no agreement, then the party with the sole responsibility gets to make the final decision.
A parent with sole custody has ‘veto-power’ over anything the other parent might do with the child.
While the parent with “sole custody” can theoretically make ‘all’ major decisions for their children, relocating is NOT one of the decisions that a parent with sole custody can make.
What Is Relocation?
Under the relatively new (2016) Illinois Marriage and Dissolution of Marriage Act and the Parentage Act, the law defines ‘Relocation’, under 750 ILCS 5/600(g), to mean:
“(1) a change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an Internet mapping service;
(2) a change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an Internet mapping service; or
(3) a change of residence from the child’s current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service.”
Under this statutory definition, a parent who has primary parenting time, or one of the two parents who have equal parenting time “may” seek to relocate with the child. The statutory requirements are discussed in 750 ILCS 5/609.2. This is important because the use of the word “seek” means that they have an obligation to request for relocation, and may not relocate without consent, either from the other party or from the court. See 750 ILCS 6/609.2(b).
How Do You Relocate?
750 ILCS 6/609.2(c) further qualifies that “a parent intending a relocation… must provide written notice of the relocation to the other parent under the parenting plan or allocation judgment. A copy of the notice required under this Section shall be filed with the clerk of the circuit court.”
This section of the statute does not distinguish whether a parent has or does not have sole custody or sole allocation of parental responsibilities. It focuses on the parenting time the parties are awarded and focuses on how this relocation would affect the children’s relationship with the non-relocating parent. In an effort to maintain consistency and minimal disruption of the children’s schedule, the new statute looks to have the parent who seeks relocation go through certain procedures to ensure that what happens with this relocation happens for the best interest of the minor children.
Ultimately, regardless of how much responsibility a parent is allocated for a minor child, that parent still needs to inform the other about a possible relocation and obtain consent from them or otherwise follow statutory guidelines and procedures regarding relocation.
What Happens If You Relocate Without Permission?
Alternatively, if you move with your children out of state and your spouse does not object within 6 months then the jurisdiction of the courts switches from Illinois to whatever state you moved to. That state may have laws more favorable than Illinois’ as to moving. Also, it may be prohibitive for your ex to challenge the move in another state. That being said, imagine being in a new state for 5 months and then having your ex file a challenge in Illinois. This is an extremely risky gambit that I would not recommend.
What Is Not Relocation?
While sole custody may not allow you to move unilaterally, it does allow a parent to travel without the permission of the other parent. Oftentimes, a visit can become a move.