Can a Parent Stop Relocation in Illinois?

 Posted on December 23, 2024 in Child Custody

When parents share custody of their children, relocating to a new area can create significant challenges. For the non-relocating parent, a move can disrupt parenting time, impact their relationship with the child, and lead to logistical obstacles. However, state law gives non-relocating parents the right to object to a move and take steps to protect their custody arrangement. If you are facing a custody dispute involving a relocation, an experienced Illinois family law attorney can help you understand your parental rights and options.

What Are the Relocation Rules in Illinois?

Illinois law distinguishes the differences between regular moves and relocations. Under the Marriage and Dissolution of Marriage Act, a relocation occurs when a parent who has primary physical custody of the child wants to move:

• More than 25 miles away from their current residence in Cook, DuPage, Kane, Lake, McHenry, or Will Counties

• More than 50 miles away if their current residence is in any other Illinois county

• Out of Illinois, regardless of the distance

At least 60 days in advance of the relocation, the custodial parent must give written notice to the non-relocating parent. The relocation can proceed if the non-relocating parent agrees to the move and signs the notice. However, the court must get involved if there is an objection to the relocation.

How Can a Non-Relocating Parent Object to Relocation?

If the non-relocating parent disagrees with the move, they can formally object by filing a motion with the court. Once filed, the court will schedule a hearing to determine whether the relocation is in the child’s best interests. Several factors will be reviewed, including:

• The reasons for the proposed move

• The impact on the non-relocating parent’s relationship with the child

• The child’s educational, emotional, and physical needs

• The child’s preferences, if they are old enough to express them.

• The likelihood of the non-relocating parent and the child maintaining a meaningful relationship 

What Happens If a Parent Relocates Without Permission?

If a custodial parent relocates without following state laws or receiving the court’s approval, they may face legal consequences. The non-relocating parent can file a motion for enforcement, which could result in modifications to the custody arrangements. Courts take these matters seriously and can impose penalties to protect the non-relocating parent’s rights and preserve stability for the child.

How Can a Non-Relocating Parent Build a Strong Case?

To properly object to a relocation, the non-relocating parent must submit evidence that shows how the move would negatively impact their relationship with the child or harm the child’s best interests. This may include:

• Statements from teachers, counselors, or other professionals who can attest to the child’s stability in their current environment

• Documentation of the current custody arrangement and evidence that demonstrates active involvement in the child’s life

• Evidence of logistical challenges or how the move could make the child’s life more difficult

Contact a Kane County, IL Child Custody Attorney

If you are a non-relocating parent facing a potential relocation or custody dispute, contact a St. Charles, IL family law attorney at Goostree Law Group. Our team has the experience you need to effectively present your case. Call us at 630-584-4800 to schedule a free consultation and learn how we can help protect your relationship with your child.