How Far Is Too Far? What Chicago Parents Need to Know Before Moving With a Child

For a parent who shares custody or parenting time in Chicago, a job offer in another state or even a move across town can raise a difficult legal question. Illinois law places specific limits on how far a parent can move with a child before court approval becomes necessary, and getting this wrong can lead to real consequences. Understanding these rules is an important first step for any Chicago parent considering a move.

Illinois Law Defines “Relocation” by Distance

Under the Illinois Marriage and Dissolution of Marriage Act, a move is considered a “relocation” once it crosses certain distance thresholds. A parent living in Cook, DuPage, Kane, Lake, McHenry, or Will County who wants to move more than 25 miles from the child’s current residence needs to follow the relocation process. For parents outside those counties, the threshold is 50 miles. Moving out of Illinois entirely triggers relocation rules if the new home is more than 25 miles from the child’s current residence, no matter which county the parent starts in. These thresholds apply whether the move is to a new suburb, a different part of the state, or across the country.

Notice Must Be Given Before the Move

A parent who has been allocated the majority of parenting time, or who shares equal parenting time, must provide written notice of an intended relocation to the other parent, generally at least 60 days before the move, and must file that notice with the circuit court. The notice should explain where the child will be living, when the move will happen, and how long it is expected to last. If the other parent agrees and signs the notice, the relocation can proceed once the court updates the parenting plan. If the other parent objects, or does not respond, the parent seeking to relocate must file a petition asking the court for permission before moving.

Courts Focus on the Child’s Best Interests

When a relocation is contested, Illinois courts do not simply decide whether the moving parent has a good reason to relocate. Judges weigh a list of factors focused on the child, including the reasons for the move, the reasons for any objection, the child’s relationship with each parent, the educational opportunities at the new location, and how the move might affect the child’s overall wellbeing. No single factor controls the outcome. Parents who skip the notice and court approval process, assuming that physical custody alone gives them the right to move freely, risk a modification of the existing parenting plan or a change in who holds the majority of parenting time.

Speak With an Experienced Attorney Before You Make Plans

Relocation cases often involve tight deadlines and require careful attention to Illinois’s notice and filing requirements. The experienced Chicago divorce attorneys at Arnoux Sharma Standeford, LLC help parents understand their rights and obligations before a move, whether that means preparing a relocation notice, negotiating an agreement, or presenting a case to the court. If you are a parent considering a move, or if your child’s other parent has raised the possibility of relocating, contact Arnoux Sharma Standeford, LLC to speak with a Chicago child custody lawyer about your options.

Source:

ilga.gov/legislation/ilcs/documents/075000050K609.2.htm