Child Relocation

Our Belleville, IL child relocation attorneys help families navigate a move

A job, a new relationship, or a family need can pull you toward a move that involves your child. Illinois has specific rules about what you can and can't do without the other parent's agreement or a judge's approval. An Illinois child relocation lawyer at Courtney Clark Law, P.C. can tell you exactly where you stand, whether you're planning the move or trying to understand your options as the other parent.

Family law is at the center of everything we do. We've helped families throughout Belleville and southern Illinois handle relocation cases involving new jobs, remarriage, and military orders. Every situation is different. The distance of the move, the reason behind it, and your current custody arrangement can all affect how the law treats your case.

What counts as relocation under Illinois law

Illinois only treats certain moves as legal relocations. In Cook, DuPage, Kane, Lake, McHenry, or Will County, a move of more than 25 miles from your child's current residence counts. In any other county, including St. Clair and the surrounding southern Illinois counties, the threshold is 50 miles. A move to another state counts if it's more than 25 miles away, regardless of your starting county. A move that falls short of these distances does not qualify as a ‘relocation’ under this Illinois statute, although other provisions of a parenting plan or court order may still apply.

How to request permission to relocate with your child

If you have been allocated a majority of parenting time, or you and the other parent have been allocated equal parenting time, and your move qualifies as a relocation under 750 ILCS 5/609.2, you must give the other parent written notice at least 60 days before the move, including the intended date of the move, your new address if known, and, if the relocation is not permanent, how long it is expected to last.

If they sign off, the move can proceed once filed with the court. If they object, you'll need to file a petition, and a judge decides based on your child's best interest, not on which parent wants it more. Some of the issues that courts consider in such cases often include:

Reasons for the move and the objection: The court looks at why you want to relocate and why the other parent is objecting, including good faith on both sides.
The child's relationship with each parent: The court may consider each parent's relationship with the child, including whether a parent has consistently exercised their parenting time.
Educational and family opportunities: The court compares schools and nearby extended family at both locations.
Impact on the parent-child relationship: Judges weigh how the move affects the other parent's ability to stay involved.

Can your ex stop a child relocation to another state?

Yes, an ex can object, but objecting alone doesn't stop it. Once you provide proper notice, your ex can refuse to sign off, which sends the decision to a judge rather than leaving it in either parent's hands.

That means a relocation can move forward over an ex's objection, or get blocked despite a strong case, depending on the facts. The notice and petition process in Illinois exists so both parents get a fair hearing before a judge decides.

Military relocation and child custody

Military families face relocation questions that look different from a typical job move. Deployment orders don't give a parent unlimited freedom to move a child, but they shouldn't unfairly limit a service member's rights either. Illinois law gives deployed or soon-to-be-deployed parents access to expedited custody hearings and the ability to testify remotely.

Federal law helps, too. The Servicemembers Civil Relief Act can also protect a service member whose military duties materially affect their ability to participate in a custody proceeding. When the law's requirements are met, the court must generally grant a stay of at least 90 days.

Trust us to help you plan your next move

Whether you're the one planning to relocate or you're trying to understand your rights as the parent staying behind, we know how much is riding on getting this right. A move that isn't handled correctly can affect your parenting time for years, and that's not a risk worth taking without the right guidance.

We realize how stressful and confusing such situations can be for many parents. That’s why we offer a free case evaluation to help you understand your options before you make any important legal decisions.

Discover what a dedicated child relocation attorney can do for you and your family. Contact us and schedule an appointment today at our Belleville law firm. We protect families through every transition.