Child Custody

How Does Relocation Affect Child Custody Orders?

Life is full of changes. Relocation is a common part of life whether it’s a new job opportunity, the chance to be closer to family, or other personal reasons. But for parents with custody orders, moving is not as simple as packing up and heading to a new home. Certain laws must be followed, and modifications to custody arrangements may be necessary to ensure the move complies with legal expectations and supports the child’s best interests.

At SLG Family Law, we have been guiding families through the complexities of relocation and child custody modifications for years. We’ve seen the effects that relocation can have on child custody orders and we’re here to give you an idea of what to expect so you can move forward more confidently.

Understanding Relocation and Custody in Illinois

Relocating as a parent in Illinois can significantly impact custody arrangements, as certain legal requirements must be followed to ensure the process is handled properly. Illinois law defines a “relocation” as moving more than 25 or 50 miles in-state from your current residence, depending on your county, or moving more than 25 miles across state lines. Shorter moves are not classified as relocations and do not require legal adjustments to custody arrangements. However, if a move meets the criteria for relocation, it is viewed as a major change in circumstances and will likely require updates to custody or parenting plans.

Notification Requirements for Relocating Parents

If a parent plans to relocate, Illinois law requires them to provide written notice to the non-relocating parent at least 60 days in advance. This notice must include the intended relocation date, the new address (if known), and the expected duration of the move. This is not merely a courtesy—it’s a legal step to initiate discussions or court proceedings about the relocation. If providing 60 days notice isn’t possible, the relocating parent must document the reasons for the delay. By submitting this notice, the parent begins the process of determining how the relocation will affect custody and parenting arrangements.

How the Non-Relocating Parent Can Respond

Once the non-relocating parent receives the relocation notice, they have options depending on whether they agree with the move. If they consent, they can sign the notice, allowing the relocation and any necessary custody updates to move forward without court involvement. However, if they object to the relocation, they can formally oppose it and, if needed, file a petition with the court. This petition requests a hearing to determine whether the move is in the child’s best interests and to address any required modifications to the custody plan. These options ensure both parents have a say while prioritizing the child’s welfare.

How the Court Evaluates Relocation Requests

If relocation becomes a contested issue, the court steps in to decide. Illinois law prioritizes the child’s best interests above all else, and the court will carefully evaluate several factors before approving a relocation. These include the reason for the move—whether it is motivated by genuine personal or professional needs—as well as the proposed parenting plan and how the move will affect the child’s education, social life, and relationship with both parents. The court aims to ensure that any changes serve the child’s overall well-being while balancing the realities of the relocation.

Possible Custody Modifications After Relocation

Relocation often necessitates adjustments to custody and parenting time plans to accommodate the new distance between parents. For example, the court may shift to less frequent but longer visitation periods, allowing the child to spend extended time with the non-relocating parent during school breaks, holidays, or weekends. Other changes might include virtual visitation through video calls to maintain regular contact, splitting transportation responsibilities to ease the burden of travel, or reworking schedules to align with the child’s school and activities. The specific modifications will depend on the unique circumstances of the move, the child’s needs, and both parents’ ability to cooperate.

The Importance of Following Relocation Laws

Complying with Illinois relocation laws is critical to avoid serious legal consequences. Relocating without proper notification or court approval can result in fines, legal fees, or even changes to custody rights. The court may also take steps to reverse unauthorized relocations, further complicating matters for the relocating parent. It’s essential to follow the legal process diligently, provide required notices, and work with a child custody lawyer.

Navigate Relocation with Confidence

Relocating to a new city or state can be both an exciting adventure and a complex challenge. However, when children and shared custody are involved, the process demands thoughtful planning and strict compliance with legal requirements. Updating custody arrangements isn’t merely procedural—it’s a vital legal step that ensures clarity, safeguards everyone’s rights, and fosters stability for all parties involved.

If you’re facing questions about relocation or need assistance with custody modifications, don’t face it alone. Contact SLG Family Law today for personalized legal support you can trust. Together, we’ll help you make choices that work for your family and future.