Do you need help getting permission for a relocation request in Chicago, IL? KHK Family Law & Divorce Attorneys are here to help you with your child custody case. Contact our law firm to schedule a free consultation at 312-702-0068 with a Chicago move-away/relocation lawyer to consult your options.
Once a child custody and parenting arrangement is in place in Chicago, IL, both parents are required to comply. That said, we all know that life changes. There may be circumstances in which a substantial change in circumstances can justify a relocation request.
Parents often disagree over move-away requests. The requirements for securing permission to move-away can also be complex. It’s important to have an experienced Chicago move-away lawyer protecting your interests at every stage. Whether you’re requesting the change or fighting to keep the current plan, our team at KHK Family Law & Divorce Attorneys is here to help.
We have over 68 years of experience helping families like yours develop workable solutions to complex problems. Reach out our Chicago, IL offices today to get started!
Why Should I Call KHK Family Law & Divorce Attorneys for Help With a Move-Away Case in Chicago?
Things can get stressful anytime a parent wants to modify a custody agreement. Courts will require strong evidence before they’ll grant a move-away request. There’s also a good chance your co-parent will challenge your right to move.
Hiring an experienced Chicago family law attorney is the best way to reach a favorable outcome.
When you hire KHK Family Law & Divorce Attorneys, we will:
- Gather the evidence required to support your position
- Provide sound legal advice and guidance at all stages of the legal process
- Assist in mediation if possible to reach an amicable solution
- Handle all paperwork and court filings
- Suggest solutions that can help your family reach a favorable result
- Advocate for your rights at all hearings
Your relationship with your child is incredibly important. If your family is struggling with a move-away request, let our Chicago family lawyers help. Contact us today to schedule a free consultation.
Overview of the Laws Governing Child Relocation in Illinois
Under Illinois family law, a relocation is defined to include any move that is more than 25 miles from:
- The child’s current primary residence in Cook County to a new primary residence in Illinois, or
- From the child’s current primary residence (in any county) to a residence in another state
Parents must request permission and comply with the law if they want to move more than 25 miles away, assuming the child is currently residing in Cook County. The 25-mile test also applies for Dupage, Kane, Lake, McHenry, and Will County. Other counties in Illinois are subject to a 50-mile restriction for in-state moves.
In other words, the law assumes that some moves won’t significantly disrupt the child’s life. It’s only when the move is substantial, in terms of distance, that the law steps in.
Of course, it’s always possible that two parents can reach an amicable agreement. However, when they disagree, the courts will decide whether relocation is justified. In Illinois, decisions involving child custody always depend on the best interests of the child.
When Can I Request Custody Modification to Allow Me to Move Away From Chicago?
Generally, Illinois courts will not consider modifications to orders that divide parental decision making authority until two years have passed. The two-year limit does not apply to modifications of parenting time or custody.
To obtain modifications to parenting time arrangements, the requesting parent must show:
- A substantial change of circumstances has arisen
- The modification is necessary to serve the best interests of the child
- The requesting parent has either equal parenting time or a majority of parenting time under the existing order
The change in circumstances can be a change of the parent’s circumstances or the child’s circumstances. For example, courts may grant modification if a parent must relocate for work. They can also grant a modification if the child’s needs have changed and would be best served by the relocation.
It may also be possible to grant a modification if there has been no change in circumstances.
If the move is in the child’s best interests, the court may grant the move-away modification request if:
- Both parents agree
- The court didn’t have all relevant information when it granted the initial parenting time order, and would not have ordered with full information
- The move is considered minor
- The modification reflects the reality of how the child has been receiving care for at least six months, without objection from the other parent
A legitimate need for relocation doesn’t always mean that the court will grant the order. Courts will evaluate all relevant factors when deciding whether to grant a move-away request.
Do I Have to Provide Notice to Request a Modification of Parenting Time Before I Can Move Away From Chicago?
Parents requesting a relocation order must provide the other parent with notice at least 60 days prior to the move. The requesting parent also files a copy with the court clerk.
The notice must provide:
- The date of the intended move
- The parent’s new address, if known
- The duration of the move, assuming it’s not indefinite or permanent
If the 60-day notice is not possible, the requesting parent should provide notice as soon as possible. However, you should be prepared to show good cause for the delay. Courts can consider the lack of 60-day notice as evidence that the move isn’t in good faith. They can also order you to pay your co-parent’s attorneys’ fees.
Parents who receive notice of a relocation request can choose to agree and sign the notice. When the requesting parent files the signed copy with the court, the court can modify the current parenting plan without further action if that modification is in the child’s best interests.
Can I Contest My Co-Parent’s Right to Move Away From Chicago?
Yes. Parents can–and often do–object to a co-parent’s right to move away with their child.
If you don’t sign the relocation request, or cannot agree with your co-parent on the terms of the relocation, the court will intervene. The requesting parent will then have to file a petition with the court to obtain permission to relocate.
Have you recently received notice of your co-parent’s desire to move away from Chicago? Contact our Chicago move-away attorneys today. We can help you contest the move and develop a solution that protects your relationship with your child.
What Factors Will the Family Court Consider When Determining Whether to Grant My Move-Away Request?
The judge’s primary concern will be reaching an outcome that is in the child’s best interests. Ultimately, it’s up to the parent requesting the move to convince the judge. However, both parents should be prepared to present strong evidence to prove their cases.
In considering a contested move-away request, the court can consider any relevant factor, including:
- The reason for the move
- Why the opposing parent objects to the move
- The history and quality of each parent’s relationship with the child
- Whether either parent has refused or failed in their parenting responsibilities
- Educational opportunities at the proposed and current locations
- Familial ties at each location
- The impact of the relocation on the child
- Whether the court will be able to reasonably allocate parental responsibilities if they grant the move-away request
- The child’s preferences, if the child is old and mature enough to offer an opinion
- Whether the court can minimize damage to parent-child relationships and still grant the relocation request
In Illinois, there isn’t any specific age where the child can determine where they will live. Until the child turns 18, courts can determine the weight to be given to a child’s preference.
Am I Entitled to Move My Child to Another State When I Have an Existing Custody Order in Illinois?
Move-away requests in Illinois depend on the distance between the current and proposed residences. Under Illinois law, if the parent moves to a residence in another state and that residence is within 25 miles of their current residence, Illinois continues to have jurisdiction over child custody issues.
If the parent moves again and the distance is more than 25 miles from their original residence in Chicago, they must again petition the original Illinois court.
It’s important to note that courts in other states will enforce Illinois custody orders.
What Happens If My Co-Parent Moves Away Without Permission?
Courts have different options when your co-parent violates the terms of an existing custody order.
They can:
- Grant you sole physical custody
- Hold your co-parent in contempt of court
- Order your co-parent to cover your attorneys’ fees
- Order any other relevant changes in your existing custody agreement
Your co-parent may be facing criminal charges if they moved without permission. If your co-parent moved away without permission, contact our lawyers in Chicago right away. We can take swift action to protect your parental rights.
Contact an Experienced Chicago Move-Away Lawyer to Schedule a Confidential Consultation Today
Moving away from Chicago becomes much more complex when two parents are divorced. Whether you want to move or fight the move, our team at KHK Family Law & Divorce Attorneys is here to help at every stage. Contact an award-winning Chicago move-away lawyer to discuss your case today.
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KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068