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Relocation

Life is full of changes, and sometimes a new job, educational opportunity, or desire to be closer to family means you need to move. For parents with shared custody, however, relocating with a child involves more than just packing boxes. In Illinois, moving a significant distance with your child is a legal process that requires careful planning and adherence to state law. At Hammer Serna & Quinn, LLC, we understand that these situations are sensitive and complex. We are here to provide the clear guidance and compassionate legal support you need to protect your parental rights and prioritize your child’s well-being.

What are the requirements for relocating with a child in Illinois?

Illinois law sets specific rules for a parent who wishes to relocate with their child. A “relocation” is defined as a move of a certain distance, and the rules differ based on where you currently live.

If you live in Cook, DuPage, Kane, Lake, McHenry, or Will County: A move of more than 25 miles from your current residence is considered a relocation.
If you live in any other Illinois county: A move of more than 50 miles from your current residence is a relocation.
Moving out of state: Any move across state lines is a relocation, but a move to a new residence in a different state that is 25 miles or less from the current residence is not.

Before you can move, you must provide written notice to the other parent. If the other parent agrees and signs the notice, you can file it with the court, and it will become a new court order. If the other parent does not agree, you must file a petition with the court and get permission from a judge before you can move with the child.

How does relocation affect existing custody arrangements?

When a judge considers a relocation request, their decision is based on one primary standard: the best interests of the child. The court does not automatically favor the parent who wishes to move or the one who is objecting. Instead, it carefully weighs several factors to determine how the move would impact the child’s life.

These factors include:

The reasons for the proposed relocation.
The reasons the other parent is objecting to the move.
The history and quality of each parent’s relationship with the child.
The educational opportunities available at both locations.
The presence of extended family in both locations.
How the move would impact the child’s ability to spend time with the non-relocating parent.
The wishes of the child, taking into account their age and maturity.

If the court approves the relocation, your existing parenting plan and parenting time schedule will need to be modified. This often involves creating a new long-distance parenting schedule that ensures the child can maintain a strong, healthy relationship with the non-relocating parent.

Legal Guidance for Your Relocation Case

Whether you are the parent seeking to relocate or the one responding to a notice of relocation, the process can be emotionally and legally challenging. The attorneys at Hammer Serna & Quinn, LLC are experienced in handling these intricate cases. We will help you understand your rights, prepare a compelling case that focuses on your child’s best interests, and advocate for a resolution that supports your family’s future. You don’t have to navigate this journey alone. Contact us today for a confidential consultation.

Get In Touch

Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.

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