Chicago Child Custody Attorney Molly E. Caesar Explains Illinois Parental Responsibilities and Relocation Rules
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CHICAGO, IL – September 10, 2026 – Parents navigating child custody disputes in Cook County face a legal framework that has changed substantially since 2016, when Illinois replaced the traditional “custody and visitation” model with new statutory standards. Chicago child custody attorney Molly E. Caesar of Caesar & Bender, LLP (https://www.caesarbenderlaw.com/child-custody-lawyer-chicago/) is providing guidance on allocation of parental responsibilities, parenting time, parental relocation, interstate custody matters, and the modification of existing orders under current Illinois law.
According to Chicago child custody attorney Molly E. Caesar, the Illinois Marriage and Dissolution of Marriage Act, codified at 750 ILCS 5/600 et seq., generally no longer uses the terms “custody” and “visitation.” Instead, the statute uses “allocation of parental responsibilities” for major decision-making authority and “parenting time” for each parent’s court-ordered time with the child. “Many parents still think in terms of the older custody framework, but the standards courts apply today are quite different,” Caesar explains.
Chicago child custody attorney Molly E. Caesar notes that under 750 ILCS 5/602.5, decision-making authority covers a child’s education, healthcare, religion, and extracurricular activities, and courts may allocate each area to one or both parents based on the child’s best interests. Parenting time, governed by 750 ILCS 5/602.7, is likewise determined by the best interests of the child, without any presumption favoring one parent over the other.
The firm points out that Illinois courts weigh a range of statutory factors when making these determinations, including the wishes of each parent, the maturity and reasoned preferences of the child, the caretaking functions each parent performed in the prior two years, the child’s adjustment to home and school, the mental and physical health of those involved, and each parent’s willingness to support the child’s relationship with the other parent. “There is no automatic preference for mothers or fathers in Illinois,” Caesar emphasizes. “Courts apply these factors equally to both parents, and neither begins the case with an advantage based solely on their role.”
Illinois law generally requires parents to file a proposed parenting plan within 120 days after service of a summons or the filing of an appearance, though courts may extend that deadline for good cause. Attorney Caesar notes that a compliant plan under 750 ILCS 5/602.10(f) must address decision-making responsibilities, a parenting time schedule covering holidays and school breaks, a dispute-resolution process, access to records, transportation and communication arrangements, and, where applicable, relocation and modification provisions.
Parental relocation is among the most complex areas the firm handles. Under 750 ILCS 5/609.2, a relocating parent must usually provide at least 60 days’ written notice to the other parent and file a copy with the clerk of the circuit court when a proposed move meets the statutory distance thresholds. For a child whose primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move of more than 25 miles within Illinois triggers the requirement, while a move out of state is covered when it exceeds 25 miles. “A parent who relocates without following the notice rule can create serious legal problems,” Caesar advises. “Failure to give proper notice may affect the good-faith analysis and can support an award of reasonable fees and costs.”
The firm also handles interstate custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act, adopted in Illinois at 750 ILCS 36/101 et seq. Attorney Caesar explains that the UCCJEA determines which state has authority to hear a custody case, and that Illinois courts may retain jurisdiction when Illinois is the child’s home state even if the child has been taken elsewhere. Out-of-state custody orders may be registered in Illinois for enforcement, and modification requires separate UCCJEA jurisdiction under 750 ILCS 36/203.
Caesar & Bender, LLP additionally represents parents in emergency custody matters under 750 ILCS 5/603.5 and 750 ILCS 5/603.10, where a court may enter protective relief when a child faces immediate danger. The firm assists with modification petitions under 750 ILCS 5/610.5, noting that decision-making responsibilities are generally subject to a two-year limitation unless an exception applies, while parenting time may be adjusted when changed circumstances make a new schedule necessary to serve the child’s best interests. The firm also represents unmarried parents who must first establish parentage under the Illinois Parentage Act of 2015 before seeking enforceable parenting rights.
The firm represents parents throughout Chicago, Cook County, DuPage County, Lake County, Kane County, Will County, and McHenry County, appearing regularly at the Richard J. Daley Center, which houses the Domestic Relations Division, as well as suburban district courthouses.
For parents facing a custody dispute, relocation request, or interstate enforcement matter, consulting an experienced child custody attorney early may help protect parental rights and promote arrangements that serve the child’s best interests.
About Caesar & Bender, LLP:
Caesar & Bender, LLP is a Chicago-based family law firm led by co-founding partners Molly E. Caesar and Michael Ian Bender, with nearly 50 years of combined experience. The firm concentrates on child custody, parental relocation, and interstate custody disputes, representing parents in the Cook County Domestic Relations Division and courts throughout the Chicago metropolitan area. The office is located at 150 N Michigan Ave, Suite 2130, Chicago, IL 60601. For consultations, call (312) 236-1500.
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Email: mbender@caesarbenderlaw.com
Website: https://www.caesarbenderlaw.com/
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Company Name: Caesar & Bender, LLP
Contact Person: Michael Ian Bender
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Phone: (312) 236-1500
Address:150 N Michigan Ave #2130, Chicago, IL 60601
Country: United States
Website: https://www.caesarbenderlaw.com/
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