When parents divorce or separate, determining child custody arrangements is often the most emotionally charged aspect of the process. Matters become even more complex when one parent wishes to relocate — whether for a new job, closer proximity to extended family, or a fresh start. In Illinois, parental relocation cases are treated with the utmost seriousness, as they can significantly impact the child’s life and their relationship with both parents.
What is Parental Relocation Under Illinois Law?
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), relocation is defined not simply by moving to another state but by distance. For parents residing in Cook County, DuPage, Kane, Lake, McHenry, or Will Counties, a move of more than 25 miles from the child’s current primary residence is considered a “relocation.” In all other counties, the threshold is 50 miles. Additionally, any move outside of Illinois — regardless of distance — qualifies as relocation.
Before a relocating parent can make the move, they must provide written notice to the other parent at least 60 days in advance, and in most cases, the court’s approval is required if the other parent objects.
The Best Interests of the Child: The Guiding Standard
The central question in any parental relocation case is: Will the move serve the child’s best interests?
Illinois courts use a list of statutory factors to answer that question, which include:
- The circumstances and reasons for the intended relocation
- The reasons for the other parent’s objection
- The history and quality of each parent’s relationship with the child
- Educational opportunities at the current and proposed locations
- The presence or absence of extended family at both locations
- The child’s wishes, depending on maturity and age
- The impact on the child’s relationship with the non-relocating parent
- Whether a reasonable parenting schedule can be implemented
The burden is on the relocating parent to prove that the move will enhance the child’s life in a meaningful way — not just financially, but emotionally, educationally, and socially.
Common Grounds for Relocation and Objections
Some of the most frequent justifications for relocation include:
- Job opportunities or career advancement
- Access to better schools or medical care
- Moving closer to supportive family networks
- Escape from a negative or unstable environment
Conversely, common objections include concerns about reduced parenting time, the child losing connections to their current community, and potential disruptions to schooling or established routines.
Because each case is unique, Illinois courts conduct a fact-specific inquiry, taking into account both parents’ roles and the overall effect of the move on the child’s well-being.
The Role of Mediation and Court Hearings
In many cases, courts encourage mediation before moving forward with a contested hearing. Mediation can help parents reach a compromise, perhaps by revising visitation schedules or agreeing to virtual parenting time.
However, if no agreement can be reached, the court will hold a full hearing where each party presents evidence and testimony. Ultimately, the judge makes the final determination based on the best interest factors.
Why Legal Guidance Matters
Parental relocation battles are legally and emotionally complex. Whether you’re seeking to move or objecting to a proposed relocation, the right legal support can make a significant difference. A knowledgeable attorney can help build a compelling case, prepare necessary documentation, and ensure your parental rights — and your child’s best interests — are fully protected.
Issues involving Child Relocation in Chicago, IL are particularly nuanced due to urban custody dynamics, schooling options, and high mobility among families. This makes tailored legal advice even more crucial.
Final Thoughts
The decision to relocate — or oppose a relocation — should never be taken lightly, especially when a child’s life and future are on the line. While Illinois law provides a framework for how courts evaluate such cases, the outcome often hinges on the strength of the legal arguments and the clarity of the child’s best interests.
If you’re facing a parental relocation dispute, don’t navigate it alone. An Experienced Chicago Child Custody Lawyer can help protect your relationship with your child and guide you through every step of the legal process.
Contact Anderson Boback & Marshall today to schedule a consultation and receive trusted legal representation focused on securing the best outcome for your family.
