Relocation and Child Custody in Illinois

 Posted on March 15, 2024 in Child Custody

For divorced or separated parents in Illinois, the issue of relocation and how it affects child custody can be a complex and emotionally charged one. When one parent wishes to move a significant distance away from the child(ren), it raises important questions about maintaining the other parent’s relationship with the child and serving the child’s best interests. An Illinois lawyer can help you understand the guidelines and how relocation cases are evaluated.

The Legal Standard

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2), the parent seeking to relocate takes on the burden of proving that the relocation is in the best interests of the child. The court will consider several factors, including:

• The reasons for the intended relocation
• The reasons for opposing the relocation
• The history and quality of each parent’s relationship with the child
• The impact on the child of moving or not moving
• Whether a reasonable visitation schedule can be achieved if relocation occurs

Essentially, the relocating parent must show that the benefits of the move outweigh the potential detriments to the child’s relationship with the other parent.

Notice Requirements

The relocating parent must provide a written notice to the other parent within 60 days before they intend to move. The notice must state the intended new residence, reasons for relocating, and a proposed revised visitation schedule. Failure to provide proper notice can allow the other parent to object to the relocation.

Objecting to Relocation

If the other parent objects to the planned relocation after receiving notice, they must file their objections with the court within 60 days. The court will then evaluate the relocation based on the abovementioned best interests factors. An objection prompts the relocating parent to have the burden of proving the move should be permitted.

When Notice is Not Required

In certain situations, the 60-day notice is not mandatory. These include:

• If the parents were already living separately when their custody judgment was entered
• The relocation is less than 25 miles from the child’s current residence
• There is already a prior court order allowing relocation

Parental Agreement

If the parents can agree on a relocation arrangement, they may present their agreement to the court. As long as the agreement serves the child’s best interests, the court will likely approve it.

Contact a Geneva, IL Child Custody Lawyer

Relocation cases are highly fact-specific, and the court’s decision is based on carefully weighing the unique circumstances. A St. Charles, IL child custody attorney who is deeply committed to the case can guide you through this complex process while ensuring your parental rights are protected and your child’s interests remain the top priority. The firm also offers flexible payment options. Call [[title] at 630-409-8184 for a private consultation.