Relocation of a Minor Child

Chicago Relocation of a Minor Child Lawyer

The changes that life brings can make the terms of a child custody agreement difficult. A prime example is when a parent who has primary physical custody wants to relocate. In Cook County, per the terms of legislation passed in 2016, a move of any distance greater than 25 miles requires the consent of the other parent or approval from a family court. Our Chicago relocation of a minor child lawyer will work with parents who need to make a move.

NMS Family Law Firm serves Chicago’s south suburbs. Call (708) 742-7334 or contact us online

Child Relocation Law & Process in Illinois

The Illinois Marriage & Dissolution of Marriage Act (IMDMA) is the 2016 law that governs child relocations. The IMDMA identified five “collar counties,” where the 25-mile radius applied. Cook, along with Kane, DuPage, McHenry, and Will counties are on that list. 

When a primary custodial parent wants to move farther than 25 miles (or outside the state lines, regardless of distance), the most convenient way to clear this path is to obtain the written consent of the other parent. A court must still sign off on the move, but Illinois family courts tend to be agreeable to what parents work out between themselves, so long as it’s not egregiously unfair to either party or to the child. 

It's when the non-custodial parent does not agree that the legal challenge comes in. When relocation becomes contested, the custodial parent must file a petition with the court, and a judge will decide what happens next. 

Contact NMS Family Law Firm by calling (708) 742-7334 or filling out our online contact form to arrange for a consultation with our Chicago relocation of a minor child attorney.

What the Court Will Consider in a Child Relocation Hearing

All decisions in custody matters always come down to what the best interests of the child are. The court will look at what the reason is for the proposed move. A relocation done for economic necessity may be seen more favorably than one done for other reasons. 

The judge will also consider the relationship of the child with each parent. A non-custodial parent who has been active and engaged in their child’s life may be seen in a more positive light than one whose first real interest in their child came when relocation was requested. 

A court will be obliged to consider the impact this move will have on the child’s education, including any extracurricular activities. In this regard, the age and maturity level of the child will be a factor in how much their own desires are considered by the court. 

These decisions are not always cut-and-dry. That’s where the work of a good attorney may prove invaluable, in presenting a parent’s case as clearly and concisely as possible. 

Call Now

Attorney Nicole M. Scott knows that this is a sensitive time in the life of both the parents and the children. That’s why our first priority is always to listen to the client, to help them feel comfortable, and to know that we understand. What they are going through is difficult — they need to know their lawyer has their back, and has a deep understanding of the applicable law and how to proceed. That’s what we offer. 

Call today at (708) 742-7334 or contact us online to set up a consultation.

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To learn how NMS Family Law Firm can help with your case, please contact our office.
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