Experienced Custody And Relocation Attorneys In Metro East Illinois
Even though living near the Missouri border often means exciting opportunities across state lines, Illinois law requires specific legal steps before relocating with your children. For Metro East residents, moving just 25 miles – even for a promising job in St. Louis – requires court approval when you share parenting responsibilities. Missing these crucial legal steps could impact your parental rights and your child’s future.
Bruckert, Behme & Long, P.C., has guided Metro East families through relocation challenges since 1999. Our family lawyers are committed to top-notch family law representation at a good value to help ensure that your move or child custody modification respects the legal process while prioritizing your child’s best interests.
Illinois Laws On Moving The Children’s Primary Residence
When both parents share custody or parental responsibilities, the law helps ensure that each has the right to spend time with their child. A move-away is considered a relocation if:
● You are moving more than 25 miles from your current residence in certain counties, including those in Illinois’ Metro East.
● The move crosses state lines, even if it’s within 25 miles (for example, moving from Illinois to St. Louis, Missouri).
● Relocating more than 50 miles within Illinois if residing in any other Illinois county.
The matter may proceed to court if the nonrelocating parent opposes the move. The court will proceed to assess several factors to determine whether relocation serves the child’s best interests, including:
● Impact on the child’s quality of life
● Educational opportunities in the new location
● Effect on relationships with both parents
● Financial and career benefits of the move
● Feasibility of new parenting time arrangements
Moving with your child requires more than just packing boxes. A single oversight in the legal process could derail your plans or compromise your parental rights. Let our attorneys handle the legal complexities while you focus on preparing your family for this significant change.
How Much Notice Must You Give The Other Parent Before Relocating In Illinois?
Illinois law requires you to provide at least 60 days’ written notice to the other parent before you relocate with your child. This gives the other parent time to review your plans and decide whether to consent or object. If you receive an unexpected job offer or face an urgent relocation, you must still provide notice as soon as possible and explain the circumstances to the court. Failing to provide adequate notice weakens your case and may result in the court denying your request.
What Must Be Included In Your Relocation Notice?
Your written notice must include your new address (or general area if housing isn’t secured), the date you intend to move, your reasons for relocating and a proposed revised parenting plan. You must properly serve the notice on the other parent, typically through certified mail or personal delivery. If the other parent objects or refuses to sign the notice, they do not have a specific deadline to file an objection. Rather, you (the relocating parent) must then file a formal petition with the court requesting permission to move. If the other parent fails to respond or refuses to sign the notice, you cannot move without first filing a petition and receiving explicit approval from the judge. Silence should never be assumed to mean consent.
What Happens If You Move Without Giving Formal Notice?
Moving without providing the required notice violates Illinois law and can have serious consequences. The court may order you to return the child immediately. You could face contempt of court charges, resulting in fines or jail time. Unauthorized relocations also damage your credibility with the judge and can harm your chances of obtaining custody or relocation approval in the future.
Can You Relocate If The Other Parent Refuses To Agree?
Yes, but you must obtain court approval first. The court will hold a hearing to determine whether the relocation serves the child’s best interests. You must prove that the move benefits your child and that you can maintain the child’s relationship with the other parent. The court examines your reasons for moving, quality of life improvements, the impact on parent-child relationships and whether meaningful contact can continue through modified visitation.
Modifying Parenting Plans After Relocation
Once the court approves your relocation, you must modify the existing parenting plan to reflect the new circumstances. The revised plan should address how the other parent will spend time with the child, including extended summer visits, holiday schedules, virtual visitation and transportation cost arrangements. Our attorneys can help you draft a realistic plan that protects your child’s relationship with both parents.
Call Us Today To Discuss Custody Modification And Relocation
Call us at 618-589-1152 to begin planning your legal strategy with Bruckert, Behme & Long, P.C. or reach out online. Our O’Fallon and New Baden offices stand ready to help. We represent clients’ interests in Clinton, St. Clair, Madison, Bond, Marion, Washington, Monroe, Randolph, Perry, Jefferson, Macoupin, and Jersey Counties.