Child Custody Relocation in Huntley

Northern Illinois Families Have Trusted Us Since 1998

When a parent wants to move with a child, what feels like a personal decision quickly becomes a legal one. Illinois relocation law sets strict notice requirements, distance thresholds, and court standards that govern whether a move can happen at all. At Brody Brandner, Ltd., we’ve guided Northern Illinois families through contested custody matters since 1998, including relocation disputes where both the legal and financial stakes are high.

Our approach adapts to the situation. We push hard when a contested hearing is the right path, and we pursue negotiated agreements when that serves the client better. Every case gets the strategy it actually needs, not a one-size-fits-all approach.

If you’re facing a proposed relocation, whether you’re the parent seeking to move or the one opposing it, call us at (815) 374-7783 to schedule a free consultation.

What Counts as a Relocation Under Illinois Law

Not every move triggers Illinois’s relocation statute. Under 750 ILCS 5/609.2, a move is legally considered a relocation when it crosses certain distance thresholds that depend on where the child currently lives.

For Huntley families, the answer is straightforward. Huntley straddles McHenry County and Kane County, and both counties fall on the list of Illinois counties subject to the shorter distance rule. That means:

• Any move within Illinois of more than 25 miles from the child’s current Huntley address counts as a relocation
• Any out-of-state move of more than 25 miles from the child’s current Illinois residence also triggers the statute

A parent with the majority of parenting time, or with equal parenting time under their allocation of parental responsibilities order, must follow the full relocation process before making any such move with the child.

The Notice & Petition Process

Illinois law requires the relocating parent to give the other parent written notice at least 60 days before the planned move, or as early as practicable when 60 days isn’t possible. The notice must state the intended move date, the new address, and the expected duration if the move isn’t permanent. A copy goes to the clerk of the circuit court.

What happens next depends on the other parent’s response.

• No objection: If the other parent signs the notice, the relocation proceeds. The court then modifies the parenting plan to reflect the new arrangement, as long as the revised plan serves the child’s best interests.
• Objection or non-response: The relocating parent must file a Petition to Relocate. A judge holds a hearing and decides whether the move is permitted.
• Mediation: Illinois Supreme Court Rule 905 requires each judicial circuit to operate a mediation program for contested relocation and parenting time disputes. Many cases resolve or narrow in scope through this process before reaching a full hearing.

Skipping or shortcutting the notice requirement carries real consequences. A court can treat inadequate notice as evidence the move wasn’t made in good faith, and the relocating parent can be held responsible for the other parent’s attorney’s fees and costs tied to the failure.

How Illinois Courts Decide Contested Relocation Cases

A proposed relocation is treated as a substantial change in circumstances, which opens the door to modifying an existing parenting plan. The parent seeking to relocate carries the burden of showing that the move serves the child’s best interests.

Judges weigh several factors when applying the best interests of the child standard:

• The reasons behind the relocation request
• Each parent’s relationship and history with the child
• Differences in educational opportunities between the current and proposed location
• The presence of extended family at each location
• Whether a revised parenting time schedule can reasonably preserve the non-relocating parent’s relationship with the child
• The child’s own wishes, considered in light of the child’s age and maturity

No single factor is decisive. Courts look at the full picture, which is why preparation and case-specific strategy matter as much as the underlying facts.

The Financial Side of Relocation Disputes

A move doesn’t just change geography. It can change income, cost of living, and work schedules for one or both parents, all of which feed directly into child support calculations. When a relocating parent argues that a new job or a lower cost of living supports the move, those financial claims become part of the court’s best-interest analysis and may also trigger a child support modification.

Our attorneys came to family law from careers as certified accountants. That background lets us evaluate the actual financial picture behind a proposed relocation, not just the surface-level rationale. We can assess whether claimed income projections hold up, how a move could affect each parent’s financial obligations, and what a revised support structure may look like if the move goes forward. That integrated view of the legal and financial dimensions shapes how we approach every relocation matter we handle.

Schedule a Free Consultation About Your Relocation Case

Relocation disputes require early action. Timelines are short, and decisions made in the first weeks, including whether to give notice, how to respond to a petition, or whether to push for mediation, shape the rest of the case.

We’ve represented Huntley-area parents in family law matters for more than 25 years. Our representation is built around your specific situation and goals, not a standard playbook. Whether you need a firm hand in a contested hearing or a measured approach to reach an agreement, we adjust to what may work for you.

Call (815) 374-7783 to schedule your free consultation with our family law attorneys.