Relocation of Children

The court will frequently attempt to keep children in their homes so that they can remain in their current environment and their current schools.  This can be accomplished by allowing the custodial parent to remain in the former marital home while the children are minors, or until the happening of some other event.  When that event is triggered, the home can be sold with the proceeds divided in accordance with the terms of any prior Judgment for Dissolution and Marital Settlement Agreement. 

Constant relocation and movement of the children can be a basis for awarding a change in custody.  In re Marriage of Kartholl, 143 Ill.App.3d 228, 492 N.E.2d 1006, 97 Ill.Dec. 347 (2nd Dist. 1986), the custodial mother moved four times in four and one-half years.  The father who was requesting a change of custody failed to establish how the several moves adversely affected the child’s adjustment to his home, school or community.

On the other hand, in In re Custody of Russell, 80 Ill.App.3d 41, 399 N.E.2d 212, 35 Ill.Dec. 378 (5th Dist. 1979), the mother moved with the child five times in four months.  Thus, instability was virtually assured.

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