In Illinois, if a primary parent intends to move outside the state or outside of a boundary that will significantly affect the visitation rights of the other parent, leave of court is required. This requires the filing of a Petition to Modify the original parenting judgment or agreement. There are a number of significant reasons that impact court decisions to allow a parent to relocate, but each case is different. The goal is to not interfere with the child’s relationship with the non-primary parent. This is not an easy task when one of the parents wishes to move a significant distance.
In our experience, when a child custody dispute involves a relocation, the case is far more likely to go trial. Whether you are objecting to a relocation or seeking to relocate, you will want an attorney who is an experienced litigator.