Out-of-State Relocation

• Parents can relocate out of state with their children if they have joint or sole custody and can prove to the court that leaving the state is in the child's best interests. Things that the court will take into consideration when determining the best interests of the child include the wishes of the parents and the child, depending on his or her age, maturity and education. Other factors that could affect the decision are the child's relationship with each parent and siblings, level of adjustment to the current home and community, and the mental and physical health of the child and both parents. In general, removing children from a place they are well-adjusted to is frowned upon by the court, as is separating siblings.
  
  

In-State Relocation

• In joint custody agreements, the parent designated as the primary or residential custodian can often relocate within the state of Illinois without the permission of the court. In these cases, the only thing needed from the court is a revised visitation schedule that takes into account the new distance between parents. However, some joint parenting agreements include a relocation clause that sets limitations on how far each parent can move with the child. Both parents must follow these limitations regardless of their status as primary custodian. Even without a removal clause, some courts may decide that relocation is not in the best interest of the child and not allow it.
  
  

Temporary Relocation

• Any time one parent removes the child from Illinois he must inform the other parent or her attorney before doing so. He must also provide details on where the child will be staying for the duration of the relocation. This rule applies to all temporary relocations, whether they are for vacation, visiting family or any other temporary event.
  
  

2003 Update

• The parentage law in Illinois was updated in 2003 to state that both married and unmarried parents had to notify each other when they removed the child from the state temporarily or obtain permission from the court to do so. Prior to that date, this restriction was only placed on married parents.