Illinois Child Custody: Moving Out of State

Child Custody in Illinois: Can I Move Out of State?

Relocating with your child is a decision that may have significant emotional and legal challenges, especially if you share custody with another parent.

Child custody in Illinois: Can I move out of state? This is one of the most common questions parents ask when considering a relocation. The legal process for moving across state lines with your child is not simple.

Illinois law has specific requirements for parents who want to relocate, and failing to follow them can lead to serious consequences.

To successfully move out of state with your child, you must understand the legal standards for parental relocation, the court’s considerations, and how to properly request permission.

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What Is Considered Relocation Under Illinois Law?

Before moving, it’s important to determine whether your planned move qualifies as a “relocation” under Illinois law. Not all moves require court approval, and Illinois laws define relocation based on the distance and location of the move.

You are relocating if:

You live in Cook, DuPage, Kane, Lake, McHenry, or Will County, and you plan to move more than 25 miles from your current home.
You live in another Illinois county and your move exceeds 50 miles.
You are moving outside of Illinois, regardless of the distance.

If your move meets any of these criteria, it will be classified as a relocation. This means you must follow the legal steps for approval. If your move doesn’t qualify as a relocation, your custody arrangement may stay the same, though informing the other parent about your move is still a good idea.

Steps for Requesting Relocation

If your move qualifies as a relocation, Illinois law requires you to get either the other parent’s consent or the court’s permission before proceeding. Here are the key steps to follow:

Notify the other parent in writing

The first step in the relocation process is notifying the other parent. Illinois law requires you to provide a written notice of your intent to relocate at least 60 days before the move.

The notice must include details about:

The new address (if known)
The intended moving date
The reason for the relocation

If a 60-day notice isn’t possible due to urgent circumstances, provide written notice as early as possible. This document must be signed by both parents or filed with the court if there is any disagreement.

The court prefers that both parents agree on the relocation. If the other parent agrees to the move and signs the written notice, you can file it with the court for approval without needing a formal hearing. This is often the smoothest path to relocation.

If the other parent doesn’t agree to the relocation, you must file a petition with the court to request permission. This is where the legal process becomes more complex. The court will schedule a hearing to review your request.

What Illinois Courts Consider During a Relocation Hearing

When a relocation case goes to court, the judge evaluates several factors based on the child’s best interests. Illinois law outlines specific factors a court uses to decide whether relocation should be allowed:

Parent-child bond: The judge will carefully consider the relationship each parent has with the child. A strong relationship with both parents is often seen as a priority.
Educational opportunities: The court examines whether the move would benefit the child’s education. Better schools or academic programs in the new location may support your case.
Reason for the move: Relocating for opportunities such as a new job, family support, or a better standard of living may align with the child’s best interests.
Impact on parenting time: The court examines how the move will affect the other parent’s visitation or parenting time. A substantial reduction in time spent with the non-relocating parent may work against your request unless a fair alternative arrangement is proposed.
The child’s preferences: If the child is of sufficient age and maturity, their preference might hold weight in the court’s decision.
Potential to maintain relationships: Judges look favorably on plans that include clear efforts to preserve regular contact with the non-relocating parent, such as virtual visitations or extended school breaks.
New opportunities for the parent: Relocating for better employment or access to family support may benefit both you and your child.

The burden lies on you to prove that the relocation will serve your child’s best interests. To do this, you may need to provide evidence such as school reports, job offers, or testimony from professionals supporting the move.

Modifying Parenting Time After Relocation

If the court approves your relocation, your existing parenting plan and allocation of parental responsibilities will need to be updated. Illinois law ensures that both parents can maintain meaningful relationships with the child, even after a move.

Mediation or negotiation

You and the other parent may be encouraged to work together on a modified parenting schedule before going to court. Mediation can help resolve disagreements and avoid a drawn-out legal conflict.

Court-ordered changes

The judge will decide if both parents cannot agree on a new schedule. Typical modifications may include increased travel-related expenses for the relocating parent or granting the other parent longer parenting time during school breaks.

Challenges Parents Face During Relocation Cases

Relocation cases can be legally challenging and emotionally charged. Illinois courts recognize the significant effect moving can have on the bond between the child and the non-relocating parent.

Judges approach these cases cautiously, carefully balancing each parent’s rights and the child’s well-being.

Some common challenges include:

Opposition from the non-relocating parent
Lack of clear evidence to support the move
Practical issues of travel distance and scheduling
Emotional strain on the child due to moving away from friends, school, and established routines

Preparing thoroughly for your case, including gathering strong evidence and exploring cooperative solutions, can make these challenges easier to address.

Tips For Building a Strong Case for Relocation

If you’re preparing for a relocation case, consider these tips to strengthen your petition:

Gather evidence of benefits: Provide clear examples of how the move will improve your child’s life. Highlight better schools, a more stable home environment, or improved financial security.
Develop a detailed parenting plan: Propose a revised parenting schedule that addresses the logistical challenges of long-distance parenting time. Include options like video calls, extended visits, or sharing travel costs.
Demonstrate good faith: Courts value evidence showing that your decision to relocate is focused on the child’s well-being, rather than personal convenience or an attempt to limit the other parent’s involvement.
Communicate regularly: Keep the other parent informed throughout the process, even if tensions are high. Demonstrating cooperation can reflect positively on your case.

What Happens If You Move Without Permission?

Moving out of state with your child without the court’s permission or the other parent’s consent can result in serious legal consequences. The other parent could file for contempt of court, potentially leading to penalties, modifications of custody, or even loss of parental decision-making power.

If you’re considering relocating, it’s essential to follow all legal steps to protect yourself and maintain your parental rights.

Relocation and Third-Party Rights

Relocating with a child doesn’t just affect the parents involved. It can also change a child’s relationships with extended family and third parties, like grandparents or stepparents, who play an important role in their life.

Illinois laws allow these third parties to request legal visitation rights, but relocation can complicate maintaining those bonds.

Grandparents’ visitation rights

Grandparents in Illinois do not have automatic rights to visit their grandchildren. However, the law allows them to file a petition for visitation under specific circumstances.

For instance, grandparents can make a request when one parent has passed away or if the parents are divorced or separated and at least one parent agrees to limit their contact.

Relocation often adds an extra layer to these cases. A move out of Illinois or a long-distance relocation can make it harder for the court to ensure that visitation is practical. Grandparents with court-approved visitation orders may need to revisit those orders to adjust the logistics.

This could include creating a new schedule or arranging digital communication if regular in-person visits become difficult.

Relocating with stepparent relationships

Stepparents may also experience challenges in staying connected following a relocation. Illinois law doesn’t grant stepparents as many rights as biological parents, but some stepparents develop strong, parent-like bonds with their stepchildren. Relocation could disrupt that connection if a stepparent actively participates in a child’s care and upbringing.

While stepparents can’t typically request formal visitation under Illinois law, they might try to work out informal agreements with the relocating parent. Any informal arrangement won’t have legal protections unless it is incorporated into a binding agreement, so stepparents may want to consult a Barrington Child Custody attorney during this process.

Challenges for other extended families

Other extended family members, such as aunts, uncles, or close family friends, may also see their connection with the child affected after a relocation. These relationships are not commonly addressed in custody arrangements, so relocation can effectively end regular contact.

Although Illinois law doesn’t grant these individuals formal visitation rights, families sometimes include them in informal agreements. Parents should consider how a move may impact these relationships.

Proactively discussing ways to preserve these connections, like extended summer visits or virtual meetups, can show the court that preserving the child’s bonds with extended family is important.

Steps for parents to consider

Parents planning to relocate should consider the broader family relationships involved.

You should:

Review current custody orders or visitation agreements: Any existing legal arrangements with grandparents or other third parties must be reviewed for potential modifications.
Consider the child’s connections: Courts often value a child maintaining relationships that support their emotional well-being. Showing plans to keep those bonds intact can strengthen your relocation case.
Prepare evidence for the court: If grandparents or others object to the move, being ready to explain how you’ll support those relationships through alternative arrangements can benefit your case.

Thinking about third-party relationships during a relocation shows courts that you have considered the bigger picture of your child’s needs. Adjusting to a new environment is challenging enough without losing contact with loved ones who have been an important part of their life.

Considering Relocation? We Can Help

Lawrence S. Manassa, Child Custody Laywer

Relocating with your child is a major decision, and complying with Illinois laws is essential to achieve success.

If you need legal guidance about Child Custody in Illinois: Can I Move Out of State, contact the experienced family law attorneys at Manassa Wieczorek, P.C. for a free consultation. Call (847) 221-5511 today to discuss your options.