Move-Away Cases in Illinois: Requirements and How to Win

• Serving the best interest of the child
• How does child custody work in Illinois?
• Do I need approval to move out of state with my child?
• What happens if the other parent objects?
• What factors does a judge consider?
• Tips to win a move-away case in Illinois

A move-away case is a case in which a child’s unmarried or divorced parent wants to relocate a significant distance away … and they want to take the child with them.

This isn't an especially complicated process if the non-relocating parent agrees to the move. But if the parents disagree about the move, they may need to battle in court over whether the move is the best thing for the child.

Serving the best interest of the child

The relocating parent will need to prove the move serves the best interests of the child. Losing such a court battle could mean that they either cannot move or that they will need to relinquish some of the rights they previously had over the child (namely, the ability to have the child live with them). 

A parent might seek to relocate for a valid reason. For example, they may need to live somewhere else that better fits their budget. They may need access to better job opportunities or desire to live closer to family.

The fact that a move would benefit the parent, however, does not mean it would benefit the child. The default assumption is typically that a move would have a negative impact on the child. Therefore, the parent who wants to move must prove that this life change would offer the child enough benefits to offset any detriments.

How does child custody work in Illinois?

Legal custody

It’s important to understand the basics of child custody (and arguably the complexities of it) if you might be involved in a move-away case. One term to understand is legal custody. Legal custody refers to the determination that one or both parents should have a say in major life decisions made for a child, such as how they will be educated and their religious upbringing. Often, both parents gain legal custody over a child in the case of a divorce. 

Physical custody

Legal custody should not be confused with physical custody. Although similar, physical custody refers to living with the child. If one parent has physical custody, they are the primary person with whom the child spends their time. They provide the child with their primary living space.

Typically, one parent is given primary physical custody over a child. The other parent is permitted to regularly visit or have parenting time with the child (such as having the child stay at their house for a portion of the week). 

Note that in Illinois, a child’s natural mother also has certain special rights over a child if the mother is unmarried, not presently involved in a court case involving the child, and has been living with the child for more than six months.

Do I need approval to move out of state with my child?

While not all moves qualify as relocation, moving out of state generally does. This means a parent must get approval from either the court or the child’s non-custodial parent if they want to move out of the state and take the child with them. 

Moving a distance of 25 to 50 miles within the same state may also qualify as a move-away case. The exact distance depends on the county you live in.

Follow these steps to try to get approval for a move out of state with your child.

File a Notice of Relocation with the court:

• Provide a copy of that notice to the other parent at least 60 days before you intend to move (with some exceptions allowing for a copy to be provided later than that)
  
  Either:
• Get the other parent to agree to and sign the notice
• Get permission from the court to relocate, which begins by filing a Petition to Relocate

Relocation is generally much easier if a child’s other parent agrees to the relocation and signs the notice. If they oppose the move, the case becomes significantly more complex. It isn’t guaranteed that the court will approve the move, even if you feel it is necessary. 

What happens if the non-relocating parent objects?

If a non-relocating parent objects to a move, you will need to file a Petition to Relocate with the court and get a judge’s approval for your move. This is a relatively common occurrence, as moving away potentially causes the non-relocating parent to have less time with their child.

In such cases, there will be a hearing where both parents have a chance to present their reasoning. Note that the court will focus on the child’s best interests, not the best interests of the parents. 

What factors does a judge consider for a move-away case?

The judge considers the following:

• The reasons given for the relocation
• The relationship each parent has with the child
• The educational opportunities available to the child in their current location and the potential new location
• How parental responsibilities are currently set
• The extended family members that are present in both locations
• The likely impact the move would have on the child

If a child is old enough and has the mental capacity to express themselves, their wishes will also be considered.

Tips to win a move-away case in Illinois

The following tips can help you win a move-away case in Illinois:

Follow all relocation rules

Legally speaking, a parent should always strive to show they are responsible and law-abiding if they want to have the best chance of winning a court battle involving their children. 

The rules surrounding relocation law may seem unfair, and they can certainly interfere with a parent’s plans in a move-away case. However, you still need to follow these rules. Failing to do so could have serious negative consequences, including potentially causing changes to how the court sets parental responsibilities and parental time.

Focus on the child

A move might provide significant opportunities to a parent, such as landing a new job or reducing their expenses. But move-away cases aren’t about the parent. They’re about the child.

When thinking about your case and how to portray your side of the argument, try to frame your arguments around how the move would benefit the child.

Show multiple benefits 

In a move-away case, you will want to show that your side has multiple benefits. This is especially true if you’re the one who wants to move, as the general assumption is that relocation isn’t a neutral experience for a child but a negative one. 

Consider the factors a judge will look at. Plan your court strategy carefully. If necessary, you may want to hire a lawyer or speak with a legal coach who can advise you on your rights and your course of action.

At Hello Divorce, we provide a host of divorce-related services including mediation and legal coaching. To learn about how we might help you in your move-away case, schedule a free 15-minute call for a personalized discussion.

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