Relocation During a Child Custody Case in Illinois

Updated on February 15, 2024
Updated: November 30, 2023

Relocation is complex in child custody cases in Illinois. Relocation during a child custody case in Illinois requires consent from all parties or an allocation judgment court order.

Relocation during a child custody case in Illinois requires a written notice that must be given to the other parent and court 60 days in advance. The other parent can object or agree. If there is no agreement, a court hearing will decide. The judge considers the child's best interests, parent interference, distance of the move, and other relevant factors such as the presence of extended family. The judge decides if under child relocation laws relocation is allowed.

Even if allowed, custody or parenting time schedules might change. It is recommended to consult with a family lawyer from Tommalieh Law for guidance on the anticipated impact of moving on child custody agreements.

Contact Tommalieh Law at 708-232-0017 for more information about relocation during a child custody case and to schedule a free consultation.

Parental Responsibility in Relocation During a Child Custody Case in Illinois

When a child custody case involves relocation in Illinois, parental responsibility is a primary consideration. Parents may want to relocate for various reasons, but the court must determine if it's in the child's best interest. If parents have joint custody, they both need to agree on the relocation and changes to the current parenting plan.

If they don't agree, a court hearing will be held for the judge to decide. The court may also consider modifying the parenting time or custody arrangement to benefit the child. In any relocation case whether long-term or temporary relocation, both parents should act in good faith and seek legal advice to protect their rights and their child's best interests.

Relocation Inside and Outside of Illinois

When it comes to relocating during a child custody case in Illinois, the court needs to consider the best interests of the child. During child custody proceedings the court will look at several factors when determining whether or not relocation can be allowed, including the emotional and physical well-being of the child, the impact of relocation on the visitation rights of both parents, and any other relevant circumstances.

Eligibility of Relocation During a Child Custody Case in Illinois

Relocating during a child custody case in Illinois requires meeting specific requirements. The state prioritizes the best interests of the child in making relocation decisions.

To relocate with their child, a parent must prove that it is in the child's best interest and that their current residence is unsuitable. The court considers factors like the impact on visitation rights, parenting agreements, noncustodial parental consent, and other relevant circumstances.

Ultimately, the judge decides if relocation benefits the child and if either parent should be allowed to do so.

What Factors Are Considered Before Relocating?

Relocating during a child custody case in Illinois can be complicated and, depending on the circumstances, may not be possible.

The state of Illinois has a law called the Relocation Statute that states that a parent who wishes to relocate with a child must first obtain court approval before doing so. This is because the court needs to consider the best interests of the child before allowing a relocation.

Father discussing papers with an attorney and mother and daughter hugging.

Notice Requirements for the Non-Relocating Parent

When a parent in Illinois plans to relocate with a minor child, they must inform the other parent, even if there is a custody order. The non-relocating parent has the right under Illinois law to receive this information and object to the relocation.

According to Illinois law, the relocating parent must provide notice at least 60 days before the move, even with a custody order in place. The notice should include the proposed move date, new address, phone number, and any relevant information. The non-relocating parent then has 30 days to object.

Can a Parent Object to the Relocation?

In Illinois, parents can object to a child removal/relocation during a child custody case. If a parent wants to move with the child, they must give written notice to all other legal guardians or custodial parents at least 60 days beforehand. The notice should include the new address and phone number.

The non-custodial parent has 30 days to object. If they don't, it's assumed they don't oppose the move. If the non-relocating parent does object, a court hearing will be scheduled for both parties to present their case. The court will then decide whether or not to grant the relocation request.

What Happens if the Primary Residence Changes During Litigation?

If you want to move during a child custody case in Illinois, you need to understand the legal implications. Usually, if a parent wants to move with the child before or during the case, they need permission from the other parent or the court. Moving without consent can lead to consequences like contempt of court or criminal charges.

If the primary residence has already been switched, the court may require the parent to return with the child to the original residence. This is to maintain the status quo and ensure that court proceedings are not disrupted. Both parents must follow any court orders in these situations.

Happy father and son with moving boxes.

Relevant Factors in Deciding if Relocating is Permitted

  • Educational Opportunities and Quality of Life for Minor Children
  • The Benefits or Detriments to the Parent-Child Relationship

How is Majority of Parenting Time Determined When Relocating With a Minor Child?

When a parent wants to move with a child during a custody case in Illinois, the court considers factors before granting permission. The child's best interests determine most parenting time. If a parent wants to move, the court decides if a move for a permanent period of time benefits the child's relationship with the non-relocating parent.

Factors considered include school districts and educational opportunities, quality of life, parenting responsibilities, and impact on the parent-child relationship. If there's an existing custody order, the court may require a modified and reasonable parenting schedule for both parents to spend time with the child.

Are There Any Temporary or Intended Relocations Allowed During a Custody Case?

When a custody case is in progress, both parents are legally obligated to stay within the state where the court proceedings are taking place. However, one or both parents can obtain permission to temporarily relocate outside of the state while the custody case is ongoing.

The parent wishing to temporarily relocate must be able to demonstrate that their relocation would benefit all parties involved, including any children. The court will also consider any plans that have been made for the child’s care while the parent is away, as well as any potential disruptions to existing parenting time agreements.

A Family Law Attorney Can Help

If you are considering relocating during a child custody case in Illinois, you must consult with an experienced family law attorney from Tommalieh Law. At Tommalieh Law, we understand the complexities of relocation cases and can help ensure that any move is in the best interests of your children and in compliance with Illinois law.

When considering a relocation, it is important to know the legal implications and your rights as a parent with physical custody. With the help of an experienced family law attorney from Tommalieh Law, you can ensure that your parental relocation case is presented in the best possible light during the legal process.

The child custody attorneys at Tommalieh Law are here to help you with your relocation during a child custody case. Contact our law firm today at 708-232-0017 or online to schedule your complimentary consultation.

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