Discuss child custody and relocation with our Chicago lawyers. 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. Our law firm handles child relocation issues. Click the button below for a free consultation.
Affordable options, including a free initial consultation for people seeking to hire a lawyer, flat fees, limited-scope help and monthly payment plans. Your fee is confirmed in writing before you engage the firm. Fees and payment options. See child relocation case fees before your consultation.
Firm attorney:Aaron Korson, attorney licensed in the State of Illinois since 2019, Managing Attorney of Chicago Family Attorneys. Juris Doctor, Western Michigan University Cooley Law School.
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Discuss a proposed move before making parenting arrangements
Questions about moving out of state with a child need a review of the family's circumstances, including whether parentage has been established and whether any case, order or parenting agreement exists. Tell the attorney if there is no custody agreement, rather than assuming the absence of an agreement resolves the legal questions.
Bring the proposed destination, anticipated moving date, current parenting schedule and relevant court papers. Our Illinois relocation guide explains issues to raise, and our child custody lawyers can discuss related parenting work. Request a free initial consultation if you are seeking to hire counsel for a relocation matter.
Start with a clear picture
What to discuss first.
Understand the issues, organize the records and define the next step.
01
Describe the proposed move precisely
Identify the current and proposed locations, the anticipated date, and the reasons being considered. Bring any parenting order and communications about the move so the consultation begins with a concrete proposal.
02
Examine the effect on daily parenting
School routines, travel time, exchanges, holidays, and access to important activities can change with a move. Outline the practical arrangements being proposed and the questions that remain unresolved for your child.
03
Prepare whether you support or oppose the move
The consultation should address your position and the available records without assuming a particular result. Discuss the legal work requested, any approaching dates, and whether a revised parenting arrangement needs consideration.
Read the issue, the decision and its limits. These selected opinions are background for a focused discussion of your own records and the applicable law.
In re Marriage of Fatkin
2019 IL 123602 | Supreme Court of Illinois | 2019
Fatkin emphasized that deciding whether relocation serves a child's best interests requires a case-specific assessment. The Supreme Court reinstated the trial court's approval of the move after reviewing its detailed findings and the evidence. The decision also explains the deference given to a trial judge who heard the witnesses when the factual ruling is reviewed on appeal.
Read in context. One family's approved move does not establish permission for another family. Fatkin does not waive the notice, consent or court procedures that apply under Section 609.2, and a child's preference is not the sole factor. The current order, statutory definition of relocation and actual circumstances must be reviewed before moving.
Hire 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. Our law firm handles child relocation issues. Click the button below for a free consultation.
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:
If the child's current primary residence is in Cook, DuPage, Kane, Lake, McHenry or Will County: a move is a relocation if it is more than 25 miles from the child's current primary residence.
If the child's current primary residence is in any other Illinois county: a move is 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.
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:
Notice Requirement: Section 609.2 generally requires at least 60 days' written notice before relocation, with impracticability and court-order exceptions. The notice must state the intended date, new address if known, and duration if the move is not indefinite or permanent. A copy must be filed with the circuit clerk; a court may waive or seal information when there is a history of domestic violence.
Objections and Court Approval: The relocating parent must petition for permission if the other parent objects, does not sign the notice, or agreement on modifying the parenting plan cannot be reached. 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.
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?
Under section 609.2(b), a parent with a majority of parenting time, or either parent with equal parenting time, may seek relocation with the child. A petition is required if the other parent objects, fails to sign the notice, or the parents cannot agree on modifying their parenting arrangement. The court considers the child's best interests and statutory factors, including the following:
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.
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.
Why Choose Us For Your Child Custody Relocation Case
Proficiency in Child Custody Relocation Cases
At Chicago Family Attorneys, we assist with 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, 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 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 at 312-965-5618 or book a free consultation online through our free consultation page.
Clear answers to help you understand the issue and prepare your next step.
What belongs in a practical relocation proposal?
Explain the proposed home, reason for the move, school arrangements and effects on the child's relationships. Include a workable parenting schedule, transportation plan and expected travel costs. These details make it possible to evaluate the proposal beyond the distance between two addresses.
Why must the current parenting order be reviewed before a proposed move?
The order may address residence, parenting time, travel or notice. The proposed move must be considered alongside the applicable relocation rules and the family's circumstances. Provide the complete order and proposed address instead of assuming that every move is governed in the same way.
Do I need a relocation lawyer?
Whether you need legal help depends on your current order, the proposed move and your family's circumstances. A consultation can address the legal work requested and whether parenting arrangements need revision. For relocation cases in family law, bring available records and explain whether you support or oppose the move.
Can I move out of state with my children?
Permission depends on the current order, applicable relocation rules and your family's circumstances, rather than the state line alone. Parenting and relocation orders in family law need review before moving. A parent's move without the child raises separate travel, communication and existing-order questions.
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