Relocations are common after divorce, and they’re especially hard on non-custodial parents. If your ex is planning a move out of town or out of state, the thought of losing precious time with your children feels daunting. However, Illinois law gives relocating parents strict legal responsibilities to protect you and your children’s best interests.
Relocating Parents’ Responsibilities Under Illinois Law
According to Illinois law, a move is considered a relocation if it crosses a specific distance threshold. This depends on the particular county that the custodial parent is leaving:
- Chicago-area counties (Cook, DuPage, Kane, Lake, McHenry, and Will) – Any move 25 miles from the current residence is a relocation under the law.
- Counties outside Chicagoland, including Winnebago County – Any move 50 miles from the current residence is a relocation.
- Leaving the state – Any out-of-state move over 25 miles away constitutes a relocation, regardless of county.
When a custodial parent’s move crosses the relocation threshold, they must give written notice to the court at least 60 days in advance. This notice must include the planned moving date, the new address, and whether the move is temporary or permanent.
The other parent can contest the relocation, and the court reserves the right to deny it if it would not serve the children’s best interests. Even if the move is uncontested, a court can still modify parental responsibilities or change primary custody to keep the children’s quality of life stable.
How To Protect Your Parental Rights When Your Ex Relocates
If you disagree with your ex’s proposed move, you can work with your legal team to prepare and file an objection. The court will then conduct a hearing and must consider these items to make a decision:
- The reasons why the custodial parent is moving
- The reasons why you’re objecting
- The children’s relationship and history with each parent
- Educational opportunities in both locations
- The presence of extended family in both locations
- Whether the move would enhance the children’s quality of life
- Whether it would still be feasible to preserve the children’s relationship with the non-custodial parent
The relocating parent has the burden of proof to demonstrate the move’s benefits for the children. Your attorney can also explain why the move would harm your kids’ well-being or your relationship with them.
What if Your Ex Moves Your Children Without Court Permission?
If a parent moves children without following the relevant notice requirements or getting court permission, they can face severe legal consequences. Depending on the circumstances, this may constitute parental abduction or contempt of court, especially if the move violates an existing custody order.
A few legal remedies you may have include:
- Filing an emergency motion for your children’s return
- Beginning contempt proceedings against your ex
- Involving law enforcement, if necessary
The longer your kids stay in an unauthorized location, the more difficult it is to secure their return, and the more disruptive any move back home becomes for them.
Contact a Rockford, IL, Family Law Attorney
If you have concerns about your ex’s relocation and what it means for your child custody arrangement, Rockford, IL, family law attorney Bradley Tengler can help. Since 2009, Mr. Tengler has devoted 80% of his practice to divorce, child support, and child custody litigation. He and his team take pride in their thorough approach and deep knowledge of the nuances within Illinois law. Contact The Law Office of Bradley R. Tengler, P.C. for a confidential consultation.