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How Does a Parent’s Relocation Affect Child Custody in Illinois?

2026-08-11 00:00:09

When parents get divorced in Illinois, child custody is a key issue. In Illinois, what people often call child custody is handled through the allocation of parental responsibilities. This includes parenting time and the right to make major decisions for the child. When one parent plans to move, the parenting plan may need to change.

If you or your children’s other parent intends to relocate in 2026, it is important to understand what this could mean for your parenting plan. A Geneva, IL child custody attorney can explain what notice you owe the other parent and how decisions will be made if the move is contested.

Does Parental Relocation Require Court Approval in Illinois?

If a parent who has equal or majority parenting time wants to move with their child, their move may require approval from the court. Illinois law defines a "relocation" based on the distance and location of the proposed move. If the move counts as a relocation, the parent must follow certain rules. Court approval may be needed if the other parent does not agree to the move.

What Is a Parenting Plan? | IL Lawyer

2026-07-26 13:33:09

Not long ago, it was common for one parent to keep primary physical custody of a child. The child’s other parent typically received joint legal custody and visitation rights. Nowadays, courts broadly recognize that most children benefit from co-parenting arrangements. This ongoing connection with both parents means that co-parents must have a plan for how they will deal with logistics involving their child. The plan can also address conflicts that may arise between them.

Many parents are unsure what exactly should be included in this plan. A Kane County custody lawyer can explain what makes for a well-thought-out parenting plan in 2026.

Do All Co-Parents Need a Formal Parenting Plan in Illinois?

One of the things Illinois courts require when deciding all custody issues is a formal parenting plan. Once approved or entered by the court, a parenting plan becomes an enforceable court order governing the allocation of parenting time and decision-making responsibilities. A family’s particular parenting plan can outline the rights and responsibilities of each parent. It can also dictate fallback options for emergencies or if one parent fails to hold up their end of the agreement.

How to Modify Your Child Support Order in Illinois

2026-07-12 00:00:00

If you are a divorced parent, the state of Illinois requires you and your former spouse to contribute to your children's financial needs. In some cases, Illinois allows child support orders to be reviewed periodically, including through the Department of Healthcare and Family Services' child support program.

But what if a child's needs or your financial situation change before then? In this case, you can petition the court to have the child support order modified. If you need to revisit your child support order in 2026, a Geneva, IL child support lawyer can help you understand the process.

What Qualifies as a Substantial Change in Circumstances in Illinois?

Illinois law (750 ILCS 5/510) requires that anyone seeking modification show a substantial change in circumstances since the last order was entered. You may be a good candidate for a child support modification in a variety of situations. Some of the most common include:

Using Social Media Wisely During Divorce

2026-06-20 00:00:00

Social media can be a great way to stay in touch with loved ones near and far. This can be especially true during a divorce, a time when you may feel very isolated and alone.

You may, understandably, want to vent some of your frustrations about your divorce proceedings on your chosen platforms. However, this can backfire in sometimes unforeseeable ways. Being aware of the risks associated with using social media during divorce proceedings can help you decide if the momentary satisfaction is worth the potential fallout.

A Geneva, IL divorce lawyer can help you understand the safest social media habits to use during your 2026 divorce.

Can Social Media Posts Be Used as Evidence in an Illinois Divorce?

Under Illinois Supreme Court Rule 214, either spouse's attorney can send a formal request to produce documents during a divorce. Illinois courts treat social media content like any other form of "documentary evidence." This means it can be requested, examined, and used in your case, like other documents, under the right circumstances. This can include screenshots, direct messages, or full account downloads from platforms like Facebook or Instagram.

How Do I Know If I’m a Good Candidate for Divorce Mediation?

2026-06-06 00:00:00

Divorce mediation helps couples avoid time in a courtroom in favor of working issues out with the help of an outside third party. Mediation is often less expensive and less draining than courtroom litigation. It can be a good fit if both spouses are willing to communicate and work out compromises, but it’s not right for every divorce case.

If you're considering mediation for your 2026 divorce, a Kane County, IL divorce lawyer can help you decide whether it makes sense for your case.

What Happens During Divorce Mediation?

Divorce mediation is a structured series of meetings where a trained, neutral mediator helps you and your spouse reach agreements. The mediator doesn't take sides and doesn't decide who is right. Rather, they guide the conversation and help both spouses find common ground on the issues that need resolving.

How Will Child Support Be Calculated in Your Illinois Custody Case?

2026-05-22 00:00:00

Many parents assume the child support amount set by the court is entirely up to a judge's discretion. In reality, Illinois uses a specific formula to calculate it based on the family’s income and the child’s needs.

If you're facing a child support determination in 2026, a Kane County, IL child support lawyer can help you understand how the formula applies to your case.

What is Illinois’ Formula for Child Support Calculations?

Illinois uses what's called the "income shares" model found in law 750 ILCS 5/505. The idea behind this model is that a child should receive the same amount of parental support they would have gotten if the family had stayed together. To get there, the court looks at both parents' finances rather than just the paying parent's.

How Do Illinois Courts Divide Marital Property?

2026-05-08 00:00:00

Property or asset division is a significant stressor for many couples going through divorce. If couples cannot agree on how to divide property, the court will do it for them, and Illinois, like all states, follows a specific legal framework for the division process. A Geneva divorce attorney can help you know what expectations to have about the process.

What Counts as Marital Property in Illinois?

Before a court can divide anything, it has to decide what's subject to division. Marital property generally includes assets and debts acquired by either spouse during the marriage. It doesn’t matter whose name is on the account or title. That means anything like a retirement account one spouse contributed to throughout the marriage, a car purchased with joint income, or a mortgage taken out after the wedding is usually considered marital property.

The 3 Basic Types of Illinois Orders of Protection

2026-04-23 00:00:00

If you're dealing with domestic violence, harassment, stalking, or threats from someone in your life, an order of protection can be a powerful legal tool. Illinois law gives courts the authority to issue these orders to protect victims and their children.

There are three main types of orders of protection in Illinois, and knowing the differences can help you decide which is right for you. A Geneva domestic violence lawyer can walk you through your options and help you take the steps you need to stay safe in 2026.

How Do Orders of Protection Work in Illinois?

An order of protection is a court order that restricts what another person can do to you. Under the Illinois Domestic Violence Act (750 ILCS 60), courts can issue protections that cover a wide range of situations.

How To Prove That My Illinois Custody Order Needs Modification

2026-04-09 00:00:00

Custody arrangements that made sense when they were first put in place don't always stay that way. Children grow up and have new needs. Parents change jobs, move, and remarry. Sometimes, new and unexpected difficulties come up. If your current custody order isn't working for your family anymore, you may have grounds to ask a court to change it. A Kane County family law attorney can help you understand what you'd need to show and whether your situation qualifies.

What Does Illinois Law Require To Modify a Custody Order?

The rules for requesting a modification in 2026 depend on what you're asking to change. Under 750 ILCS 5/610.5(a), you can request a modification to the parenting time portion of your parental responsibilities order at any time as long as you can show that changed circumstances would make an update beneficial. You don't need to show that the child is in immediate danger or anything similar.

How to Balance Illinois Divorce Proceedings With a Busy Job

2026-03-23 00:00:00

Going through a divorce is one of the most stressful things a person can experience. Doing it while holding down a demanding job adds another layer of pressure. Court dates, paperwork, financial disclosures, and tough decisions don't wait just because you have a full calendar at work. With the right approach, though – and the right support – it’s possible to manage both without one completely derailing the other.

If you are navigating a divorce in 2026, a Geneva divorce lawyer can help you understand what the process looks like and how to keep things moving efficiently.

What Does the Illinois Divorce Process Require of Me?

Understanding what's ahead helps you plan for it. Law 750 ILCS 5/ outlines the general steps the court will take during the divorce proceedings and how the court will respond if certain situations come up.