People move out of Illinois every day for better job opportunities. If they’re no longer with their child’s other parent, those job opportunities must be weighed against preparing a whole new parenting schedule if the move occurs.
If you attempt to move and take the child with you, you’ll face a series of legal hurdles if the other parent invokes their rights.
Relocating With A Child When There Is No Court-Ordered Custody
If there is no court-ordered custody, you can move out of Illinois with the child and enroll the child in a new school without asking the other parent. If the other parent doesn’t file anything in an Illinois court, you can object to any Illinois filings as being in the wrong jurisdiction.
The appropriate state in which to file any motion regarding custody is the “home state”.
“(1) this State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State” 750 ILCS 36/201(a)
“’Home state’ means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.” 750 ILCS 36/102(7)
If a parent isn’t willing to file something within 6 months of their child’s absence, you probably won’t have any issues with the child being allowed to permanently move to your new state for any reason.
Moving with a child and waiting six months to establish residency in a new state is an extraordinarily risky strategy because at any time if a parent does file a motion to demand the child return, that motion will probably be granted barring some massive issue.
“A court may order a temporary allocation of parental responsibilities in the child’s best interests before the entry of a final allocation judgment. Any temporary allocation shall be made in accordance with the standards set forth in Sections 602.5 and 602.7: (i) after a hearing; or (ii) if there is no objection, on the basis of a parenting plan that, at a minimum, complies with subsection (f) of Section 602.10.” 750 ILCS 5/603.5(a)
Both 750 ILCS 5/602.5 and 750 ILCS 5/602.7 both emphasize “the child’s adjustment to his or her home, school, and community” which will weigh heavily in favor of a temporary allocation that requires the child to remain in their original community pending a final order from the court.
One can imagine moving for a job, a court ordering the return of the child to Illinois and then you becoming estranged from your own child during the pendency of your petition to allow the child to continue to move with you.
A more prudent strategy would be to file a petition to relocate on a temporary basis while we figure out where the child will really live in the long term.
“A court may order the relocation of the child on a temporary basis before the entry of a final allocation judgment if it is in the best interests of the child. Any relocation shall be considered temporary in nature and shall not prejudice either parent in the allocation of parental responsibilities contained in a final allocation judgment. Any relocation shall be made in accordance with the protocol set forth in subsections (c) through (g) of Section 609.2.” 750 ILCS 5/603.5(b)
If an Illinois court does allow for temporary relocation that same factor of “the child’s adjustment to his or her home, school, and community” will slowly being to favor you.
When Is A Petition For Relocation Required In Illinois?
You don’t need to fight to move only if you’re going to a different state. You may have to get court permission for living more than 25 miles from your previous home.
“Relocation” means: (1) a change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an Internet mapping service; (2) a change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an Internet mapping service; or (3) a change of residence from the child’s current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service.” 750 ILCS 5/600(g)
If there is an existing court order addressing any child custody issues, a notice of relocation is required in advance of any filing requesting permission from the court.
“A parent intending a relocation…must provide written notice of the relocation to the other parent under the parenting plan or allocation judgment. A copy of the notice required under this Section shall be filed with the clerk of the circuit court.” 750 ILCS 5/609.2(c)
The notice of relocation must be comply 100% with the statute’s requirements.
“The notice must provide at least 60 days’ written notice before the relocation unless such notice is impracticable (in which case written notice shall be given at the earliest date practicable) or unless otherwise ordered by the court. At a minimum, the notice must set forth the following:(1) the intended date of the parent’s relocation;(2) the address of the parent’s intended new residence, if known; and (3) the length of time the relocation will last, if the relocation is not for an indefinite or permanent period.” 750 ILCS 5/609.2(d)
If the notice does not comply with the statute in any way, an Illinois domestic relations court can use any error in the notice as a reason to deny relocation and even sanction the parent attempting to relocate.
“The court may consider a parent’s failure to comply with the notice requirements of this Section without good cause (i) as a factor in determining whether the parent’s relocation is in good faith; and (ii) as a basis for awarding reasonable attorney’s fees and costs resulting from the parent’s failure to comply with these provisions.” 750 ILCS 5/609.2(d)
If the Illinois parent who is not relocating does not sign the notice of relocation the relocating spouse can then file a petition for relocation.
“If the non-relocating parent objects to the relocation, fails to sign the notice [of relocation]…or the parents cannot agree on modification of the parenting plan or allocation judgment, the parent seeking relocation must file a petition seeking permission to relocate.” 750 ILCS 5/609.2(f)
If the relocation is primarily for a job opportunity, both parents should consider that for the sake of a possible settlement. A petition for relocation is an expensive court battle and the new job opportunity is providing relief for one parent. Perhaps the new job opportunity can provide relief for both parents? A reduction in child support for the non-relocating parent? A waiver or contribution to child expenses for the non-relocating parent? Expanded parenting time to the non-moving parent which includes virtually every holiday and the entire summer break? The parties can agree to anything at any time and avoid the costly litigation expenses would otherwise be forthcoming.
“The court shall modify the parenting plan or allocation judgment to accommodate a parent’s relocation as agreed by the parents, as long as the agreed modification is in the child’s best interests.” 750 ILCS 5/609.2(e)
Failing arriving at an agreement, a petition for relocation must be filed, heard and adjudicated.
A Petition For Relocation In An Illinois Custody Battle
Relocations are rarely granted. “What is important is the best interest of the child. It is wrong to allow a child to put down roots, then move him to a new location without a good reason for doing so.” In re Marriage of Hefer, 667 NE 2d 1094 – Ill: Appellate Court, 4th Dist. 1996.
The petitioner requesting relocation must prove that the relocation is in the best interest of the child. “The party seeking judicial approval of the proposed relocation must establish by a preponderance of the evidence that the relocation is in the child’s best interests.” In re Marriage of Kavchak, 2018 IL App (2d) 170853, ¶ 65
What needs to be proven to grant a relocation is enumerated in the statute.
“The court shall modify the parenting plan or allocation judgment in accordance with the child’s best interests. The court shall consider the following factors: (1) the circumstances and reasons for the intended relocation; (2) the reasons, if any, why a parent is objecting to the intended relocation; (3) the history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment; (4) the educational opportunities for the child at the existing location and at the proposed new location; (5) the presence or absence of extended family at the existing location and at the proposed new location; (6) the anticipated impact of the relocation on the child; (7) whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs; (8) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation; (9) possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child; (10) minimization of the impairment to a parent-child relationship caused by a parent’s relocation; and (11) any other relevant factors bearing on the child’s best interests.” 750 ILCS 5/609.2(g)
This is not checklist where if you get 6 out of 11 factors in your favor, you are allowed relocate.
Determination of a child’s best interests “cannot be reduced to a simple bright-line test, but rather must be made on a case-by-case basis, depending to a great extent upon the circumstances of each case.” In Re Marriage of Kavchak, 2018 IL App (2d) 170853, ¶ 65 (citing In re Marriage of Eckert, 119 Ill. 2d 316, 326 (1988))
It’s a good thing the 750 ILCS 5/609.2(g) factors aren’t a checklist because moving for a better job opportunity isn’t even listed. But, “a court [can] consider[]an enhancement to the custodial parent’s quality of life under section 609.2(g)(11), as long as the court is satisfied that it has a bearing on the child’s best interests.” In re Marriage of Kavchak, 107 NE 3d 287 – Ill: Appellate Court, 2nd Dist. 2018
How To Really Relocate Because Of A Better Job
You must frame the new job as a mere catalyst for the relocation. The job will provide benefits that will create a cascade of benefits to the child.
A parent who is trying to relocate primarily because of a job opportunity is going to have to heavily emphasize other enumerated reasons such as “(4) the educational opportunities for the child at the existing location and at the proposed new location; (5) the presence or absence of extended family at the existing location and at the proposed new location; (6) the anticipated impact of the relocation on the child” 750 ILCS 5/609.2(g)(4-6)
Better jobs usually mean better neighborhoods and better schools. A focus on those factors in lieu of the not expressly enumerated “new job/more money” is a more persuasive argument.
The relocating parent should offer more parenting time to the parent who remains. This invariably means the parent who remains is offered a new schedule that includes every spring break, every three-day weekend and the entire summer. Emphasize that the new proposed post-relocation schedule is “[r]easonable visitation [which] is one that will preserve and foster the child’s relationship with the noncustodial parent.” In re Marriage of Gibbs, 645 NE 2d 507 – Ill: Appellate Court, 1st Dist., 4th Div. 1994
Additional visitation to the non-relocating parent will force the court to consider “the reasons, if any, why a parent is objecting to the intended relocation” 750 ILCS 5/602.9(2). If the parent who stays is getting more parenting time after a relocation, their reasons for objecting are objectively petty.
If you follow the “give more time to get relocation” advice, you can apply those facts to a relocation because of a job offer to some factors laid out in the Illinois Supreme Court case, In re Marriage of Eckert
The following five factors should be considered in determining whether a removal is in the child’s best interests: (1) whether the proposed move will enhance the quality of life for both the custodial parent and the child, (2) whether the proposed move is a ruse designed to frustrate or defeat the noncustodial parent’s visitation, (3) the motives of the noncustodial parent in resisting removal, (4) the visitation rights of the noncustodial parent, and (5) whether a reasonable visitation schedule can be achieved if the move is allowed. In re Marriage of Eckert, 119 Ill.2d 316, 326-27, 116 Ill.Dec. 220, 518 N.E.2d 1041, 1045-46 (1988).
Moving for a new job while providing more time to the other parent would clearly, “enhance the quilty of life for both the custodial parent and the child.”
A legitimate job offer coupled with an offer of more parenting time is not “a ruse designed to frustrate or defeat the noncustodial parent’s visitation.”
Receiving more parenting time and still objecting to relocation surely questions “the motives of the noncustodial parent in resisting removal” especially since they are getting “more visitation rights.”
The only question is whether it is possible that “a reasonable visitation schedule can be achieved if the move is allowed.”
A quick note about 750 ILCS 5/609.2 and the Eckert factors. 750 ILCS 5/609.2 was enacted in 2016 while Eckert was decided in 1988. If there are any contradictions between the two, 750 ILCS 5/609.2 would trump the Eckert factors but subsequent Illinois supreme court decisions have felt comfortable using both sets of factors. In re Marriage of Fatkin, 129 NE 3d 1230 – Ill: Supreme Court 2019
How To Object To Relocation Because Of A Better Job
Conversely, the parent who is not relocating needs to object to the relocation for the right reasons.
The 750 ILCS 5/609.2(g)(10) factor “minimization of the impairment to a parent-child relationship caused by a parent’s relocation” will always favor the parent who is not relocating. Furthermore, it will favor the non-relocating parent proportionally to how remote the proposed move shall be.
Any relocation will mean less frequent visitation which will impact a parent-child relationship even if the non-custodial parent gets more time. “[L]arge gaps in time between visits…would not assist [a parentin] in maintaining a close relationship with [their child]” In re Marriage of Sale, 808 NE 2d 1125 – Ill: Appellate Court, 5th Dist. 2004
Furthermore, visitation after relocation requires travel to pick up and drop off the child. An Illinois domestic relations court can consider whether “the travel required to reproduce the current allocation of parental responsibility would be prohibitively expensive.” In re Marriage of Levites, 185 NE 3d 263 – Ill: Appellate Court, 2nd Dist. 2021
In the case of In re Marriage of Krivi, 670 NE 2d 1162 – Ill: Appellate Court, 5th Dist. 1996, the appellate court found that “[u]nder the trial court’s visitation schedule, most of the visitation time respondent has with his children is spent traveling in a car. Such an arrangement is neither good for the children, who must endure lengthy commutes, nor good for respondent.”
Finally, “stability and continuity are in the best interest of a child” In re Marriage of Lonvick, 995 NE 2d 1007 – Ill: Appellate Court, 2nd Dist. 2013
The non-relocating parent should quote Judge Hutchinson in his special concurrence in PD v. JACK A., 87 NE 3d 1040 – Ill: Appellate Court, 2nd Dist. 2017, as quoted below.
“The prospect of relocation of families looms large in today’s employment market, and the odds of a parent seeking relocation are doubled when a new spouse enters the picture. Simply put, this is an issue that needs to be discussed, carefully considered, and understood prior to the new marriage. I recognize that the happiness of the custodial parent who requests relocation is a consideration here; it is certainly a factor in the balance, even if it is not a listed factor in Eckert or in section 609.2(g). However, that happiness pales in comparison to the best interests of the child when the child is separated by distance from a parent who has been involved in the child’s day-to-day activities and the extended family members who have also nurtured the child since birth.
Here, “a nicer home” in “a more affluent neighborhood” with additional privileges fueled by an impressive family income is noteworthy, but there is a dark side to these material issues. If relocation is allowed, P.D. will interact with his father less personally and less often, travel a long distance to have time with his father, and will be isolated from most of his extended family, especially those family members on his father’s side. Electronic communication is helpful in these situations, but a 4-year-old child has little patience for or understanding of the technology. Adults are better suited to using electronic communication with each other, even though doing so due to the geographic separation of the newly married couple is an inconvenience for the couple.
Finally, when the parent requesting relocation has a history of placing roadblocks, however slight, in the way of the relationship between the child and the noncustodial parent, distance between the noncustodial parent and the child takes on an added significance. School activities, extracurricular participation, and important milestones in the child’s life often cannot be attended by the parent who remains behind; his or her involvement comes through the eyes and ears of third parties, if it comes at all. But the distance itself, as an additional and intentionally placed hurdle, is simply unacceptable.” PD v. JACK A., 87 NE 3d 1040 – Ill: Appellate Court, 2nd Dist. 2017
Non-Custodial Parents Relocating In Illinois
If you don’t have majority parenting time or equal parenting time, you do not have to petition the court in order to move. Just maintain your parenting schedule post-move as it exists today (if you can).
All the above notice rules and factor analysis only applies to parents with majority or equal parenting time.
“A parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child.” 750 ILCS 5/609.2(b)
A job offer in a new town is a blessing, but it can also be a curse if it interrupts a stable parenting schedule. Contact my Chicago, Illinois family law firm today to discuss how to handle this proposed relocation so that you can maximize your parenting time.
I’m Russell Knight and I, personally, wrote this article (and all the other ones on this site). As a licensed divorce lawyer, I have over 19 years of experience litigating the relocation cases which are known as the hardest cases because there is little room for compromise.
Frequently Asked Questions About Relocating For A New Job
Can I move out of Illinois with my child if there is no custody order in place? Yes. But, the other parent can easily motion to have you bring the child back to Illinois within the first 6 months of the move.
When do I actually need court permission to relocate in Illinois? If you live in the Chicagoland area; Cook, Dupage, Lake, McHenry, Kane, or Will Counties, a move of more than 25 miles requires court permission. If you live in any other county, you’ll need permission to move 50 or more miles away.
Is moving for a better job a valid reason to relocate with my child in Illinois? Yes. But, the Illinois Marriage and Dissolution of Marriage Act does not specifically state that a new job is valid reason for relocation. The better argument is to lean on the Supreme Court case, In Re Marriage of Eckert’s factors which are very complimentary to new jobs and relocation.
How do I win a relocation case that’s really about a job opportunity? Don’t emphasize the job. Emphasize the better schools, neighborhoods and resources that come with the job. Invoke the Supreme Court case, In Re Marriage of Eckert, and its new job-friendly analysis.
How do I object to the other parent’s relocation when it’s for their job? There is no move that will not impact your relationship with your child. The benefits to the child of the move simply don’t outweigh the benefits of your continued relationship with that child.
Are relocation requests usually granted in Illinois? No. The burden of proof is on the parent proposing the relocation and Illinois courts are typically supportive of the status quo.
