Wheaton, IL Parental Relocation Attorneys

Trusted Parental Relocation Attorney Protecting Parents’ Rights in Wheaton, Illinois

After a divorce, one parent may make the major decision to move with their child. This can lead to arguments between the parents, as the non-moving parent may fear that their relationship with their child will be jeopardized. If you find yourself on either side of a relocation dispute, the best thing you can do is to seek legal counsel to protect your rights.

At Smit Zaruba P.C., our Wheaton parental relocation attorneys can give you a voice in a contentious custody battle. We have decades of legal experience, with a history of representing individuals and families going through emotional family law issues.

What Is Considered a Parental Relocation in Illinois?

Parental relocation cases arise when one parent wishes to move with a child a significant distance from the child's current home. Illinois law sets specific mileage thresholds that determine when a move qualifies as a relocation and therefore requires notice and, in many cases, court approval.

For parents who live in DuPage County and the surrounding collar counties, a move of more than 25 miles from the child's current residence is generally considered a relocation. For parents who live in other parts of Illinois, the threshold is typically 50 miles. Any move outside the state of Illinois may also qualify, even if the distance is shorter.

A parent who intends to relocate must provide written notice to the other parent within the time required by law. If the other parent agrees and signs the notice, the court may approve the relocation without a contested hearing. If the other parent objects, the issue will be decided by a judge. Relocating without proper notice or court approval can create serious legal consequences and may affect existing parenting arrangements.

Evaluating the Child's Best Interests in a Proposed Relocation

When a relocation is contested, the court focuses on whether the move is in the child's best interests. The judge will not base the decision solely on what is convenient for either parent. Instead, the court evaluates a range of factors tied to the child's overall well-being.

The court may consider the reasons for the proposed move and whether it is made in good faith. A relocation for a legitimate job opportunity, family support, or educational advancement may be viewed differently than a move intended to undermine the other parent's relationship with the child. The judge will also examine the reasons for the objection.

Other important considerations include the child's relationship with both parents, the impact of the move on the child's education and community ties, and whether a reasonable parenting schedule can be created after the move. The court will weigh the potential benefits of relocation against the disruption it may cause. Every case is highly fact-specific, and small details can make a meaningful difference.

Will the Court Approve or Deny a Parental Relocation?

No parent has an automatic right to relocate with a child. Even when a move offers financial or personal advantages, approval is not guaranteed. The parent seeking relocation carries the burden of showing that the move serves the child's best interests.

If the court approves the relocation, it will typically modify the existing parenting plan to reflect the new distance between households. This may include extended parenting time during school breaks, holidays, or summer months, along with detailed transportation arrangements. Courts aim to preserve a meaningful relationship between the child and both parents whenever possible.

If the court denies the relocation, the child must remain in the current area unless the parents reach a different agreement. In some cases, a parent may choose to move without the child, which can lead to further modifications of parenting time and decision-making responsibilities.

Relocation cases often involve complex emotional and practical considerations. Careful preparation and a clear presentation of evidence are critical to protecting your parental rights.

Meet With a Wheaton, Illinois Parental Relocation Lawyer

Relocation disputes can reshape your parenting plan and your child's daily life. Call 630-480-7600 or contact our Wheaton, IL parental relocation attorneys at Smit Zaruba P.C. to schedule a consultation.