After an Illinois divorce, when a parent with a child custody order seeks to move to another state, the relocating parent must obtain the other parent’s consent or the court’s approval and may require the services of a Chicago child custody attorney.

A divorce typically gives parents the freedom to pursue new opportunities, but no court order regarding a child custody arrangement is necessarily permanent. Illinois allows the courts to modify a custody order after a divorce when changing circumstances require a modification.

Illinois courts consider a relocation a substantial change in circumstances. The primary concern of an Illinois court when it considers a request to modify a child custody order (for a relocation or for any other reason) is the child’s best interests.

What Legally Constitutes a Relocation?

Under Illinois law, a move is a relocation if it meets specific criteria. Moving more than twenty-five miles from the current residence is a relocation in Cook, DuPage, and Lake counties. Elsewhere in Illinois, moving more than fifty miles from the current home is a relocation.

The process of parental relocation in Illinois begins with notifying the other parent. Notification is the first step. A parent’s failure to inform the other parent may have legal consequences, including a court order to return the child and the possibility of being held in contempt of court.

What Should a Notification of Relocation Include?

Under Illinois law, a moving parent must notify the child’s other parent at least sixty days before relocating. The relocation notice must include the new address (if known), the planned moving date, and the move’s duration (unless it is indefinite or permanent).

When a sixty-day notice is not possible due to urgent circumstances, the relocating parent must notify the other parent as soon as possible. An Illinois court may view a failure to provide proper notice as a factor in determining if the parent is seeking to relocate in good faith.

Parental Consent or Court Intervention?

If the other parent consents to the move, the relocating parent can file the signed notice with the court that issued the original custody order. The move will be allowed, provided the court agrees it is in the child’s best interests. Then, the court will modify the parenting plan.

If the non-relocating parent objects, the process becomes complicated. The moving parent must submit a “Petition to Relocate” to the court that issued the original child custody order. A Petition to Relocate is a formal request for permission to move.

The non-relocating parent also has the right to file an objection to the Petition to Relocate. The court will then conduct a hearing, and a judge will decide. Both parents at a relocation hearing should be represented by a Chicago child custody lawyer.

The Court’s Evaluation: The “Best Interests of the Child” Standard

An Illinois court’s sole focus in a relocation hearing is the child’s best interests. The relocating parent must show that the move will benefit the child and not harm the child’s relationship with the other parent. What will the court consider? The court will need answers to several questions, including:

  1. What will be the new location?
  2. How will the move affect the relationship between the parents?
  3. How will the move affect the child’s relationship with the parents?
  4. How will the child’s best interests be served by relocating?
  5. How will relocating affect the child emotionally?

The court will also examine the motive for the relocation. The court may approve a relocation to a better job or community, but the court will not approve a move made strictly to restrict or interfere with the other parent’s visitations.

Consequences of Relocating Without Court Approval

Violating the legal relocation rules can have severe repercussions. If a parent moves a child out of state without the required consent or court order, the non-relocating parent can, with the help of a Chicago child custody attorney, file a petition with the court for the child’s return.

The court may view an unapproved move as a violation of the custody order, which can lead to a modification of the parenting plan in favor of the other parent. In the most serious cases, the court could consider relocation a parental kidnapping, which entails the probability of legal penalties.

Modifying the Child Custody Order

When a court approves a relocation request, it revises the custody order to reflect the new situation. The order will clarify the new parenting schedule, transportation arrangements, and related matters. The parents must comply with the new custody order.

When a parent moves to another state, the Illinois court retains jurisdiction if Illinois was the child’s home state for at least six consecutive months before the proceedings began. Thus, even after a move, Illinois may remain the state with jurisdiction to modify the custody order.

Divorce and child custody are legally complicated in Illinois. To ensure the court treats you and your child fairly, ask an Illinois family law attorney at Buchanan Law Group to represent you and your child.

Let Buchanan Law Group Handle Your Relocation or Custody Dispute.

Nothing is more important than your relationship with your children and your rights as a parent. Arrange immediately to speak to a Chicago child custody lawyer at Buchanan Law Group if you:

  1. have questions or concerns about relocation or any other family law matter
  2. need an attorney to represent you at a relocation hearing
  3. need a modification of your child custody court order

Chicago attorney Robert B. Buchanan founded Buchanan Law Group and leads our team of experienced Illinois family law professionals. He has successfully represented scores of clients in the Chicago area in the most complicated divorce proceedings and family law disputes.

Buchanan Law Group offers candid advice and strives to protect your child’s best interests. To learn more about your relocation and parental rights, or if you need a family law attorney immediately, call Buchanan Law Group at 312-248-6170 to schedule a free case evaluation.