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Child Custody Relocation Lawyers in Chicago, Illinois

Hire the best lawyers for child custody and relocation in Chicago, Illinois. If you are considering relocating to another state for a job or are a parent trying to stop the relocation of your child, call the attorneys at Chicago Family Attorneys, LLC. Our law firm knows how to win or stop child relocation issues. Click the button below for a free consultation.

relocating child with moving boxes

Understanding Child Custody Relocation in Illinois

An Overview of Child Custody Relocation Laws

Under Illinois law, relocation in the context of child custody refers to a parent's change of the child's primary residence that meets specific criteria. The legal definition of relocation varies based on the location of the current residence:

  • For residents of Cook, DuPage, Kane, Lake, McHenry, or Will counties: A move is considered a relocation if it is more than 25 miles from the child's current primary residence.

  • For residents of other Illinois counties: A move qualifies as a relocation if it is more than 50 miles from the child's current primary residence.

  • For moves outside Illinois: Any move that is more than 25 miles from the child's current primary residence is considered a relocation.

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Legal Implications of Relocation

 

When a parent intends to relocate with a child, Illinois law requires specific procedures to protect the child's best interests and the rights of both parents:

  1. Notice Requirement: The relocating parent must provide the other parent with at least 60 days' written notice before the intended move. This notice should include the intended date of relocation, the new address, and the duration of the relocation if it is not permanent.

  2. Objections and Court Approval: If the non-relocating parent objects to the move, the relocating parent must seek court approval. The court will evaluate the relocation request based on factors such as the reasons for the move, the impact on the child's relationship with both parents, and the child's best interests.

 

Failure to comply with these legal requirements can result in legal consequences, including potential modification of custody arrangements and possible legal action against the relocating parent. Often, when a child is relocated without the approval of another parent, a parent may file an emergency motion to bring the child back.

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Understanding these legal definitions and the consequences of not following relocation laws is crucial for parents considering relocation or parents who would like to fight a child relocation case.

What Do I Need To Prove To Relocate In A Child Custody Case?

If you are a parent who has the primary custodial rights or parenting time in your child custody case and would like to relocate with your child, you will need to request approval from the other parent by giving them notice of your intention to move. If the non-relocating parent in the case declines to approve the relocation, the court will need to weigh several different factors:

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  • The circumstances and reasons for the intended relocation;

  • The reasons, if any, why a parent is objecting to the intended relocation;

  • The history and quality of each parent's relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;

  • The educational opportunities for the child at the existing location and at the proposed new location;

  • The presence or absence of extended family at the existing location and at the proposed new location;

  • The anticipated impact of the relocation on the child;

  • Whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;

  • The wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to relocation;

  • Possible arrangements for the exercise of parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child;

  • Minimization of the impairment to a parent-child relationship caused by a parent's relocation; and

  • Any other relevant factors bearing on the child's best interests.

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It is important to remember that the relocation of a minor child is considered a substantial change in a child custody case and will often require an Allocation of Parental Rights judgment to be modified.

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Why Choose Us For Your Child Custody Relocation Case

Proficiency in Child Custody Relocation Cases

At Chicago Family Attorneys, LLC, we specialize in navigating the complexities of child custody relocation cases in Illinois. Our extensive experience enables us to handle intricate legal challenges effectively, ensuring that your case is managed with the utmost professionalism and care.

Commitment to Protecting Your Parental Rights

We are dedicated to advocating for your parental rights and prioritizing your child's best interests. Our approach involves personalized legal strategies tailored to your unique situation, aiming to achieve favorable outcomes that support your family's well-being.


By choosing Chicago Family Attorneys, LLC, you are partnering with a team committed to providing exceptional legal representation in child custody relocation matters.

Free Consultations With A Child Custody Lawyer

Chicago Family Attorneys, LLC offers free consultations for child custody cases. If you are a parent who is seeking an affordable attorney to assist you throughout your case or would like to learn more about the requirements of child custody relocation and how they may affect your case, book a consultation or call us today.

 

To speak with a child custody attorney for your relocation case or child custody case, call Chicago Family Attorneys, LLC at (312) 971-2581 or book a free consultation online through our free consultation page.

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