Section 610.5 of the Illinois Compiled Statutes requires a “substantial change in circumstances” to modify parenting time after a divorce or separation. Deanna Bowen (serving Gurnee, IL) uses Section 610.5 and the “best interests” factors in Section 602.7 to help her clients meet the high bar for child custody modifications in Lake County when they are planning to relocate.

When going through a divorce or separation in Lake County, parents are required to establish a custody arrangement that reflects their children’s best interests. This involves applying the “best interests” factors established in Section 602.7 of the Illinois Compiled Statutes. But, what happens if one parent needs to modify their custody arrangement following their divorce or separation?

Illinois’s “best interests” standard applies in this scenario as well. However, in addition to showing that a proposed child custody modification meets this standard, parents who are seeking modifications must also show that a modification is warranted based on a “substantial change in circumstances.”

Understanding What Constitutes a “Substantial Change in Circumstances”

The “substantial change in circumstances” requirement is intended to ensure that parents only seek child custody modifications when it is truly necessary to do so. Not only would a lower bar lead to the Illinois courts being inundated with modification requests, but maintaining as much stability as possible is important for children—and particularly for those whose parents have just gone through a separation or divorce.

So, what constitutes a “substantial change in circumstances”?

In the context of one parent’s request to relocate, Section 609.2 of the Illinois Compiled Statutes states that, “[a] parent’s relocation constitutes a substantial change in circumstances.” Thus, while court approval is required in certain circumstances (i.e., when a parent seeks to move more than 25 miles from the child’s current home in Lake County), Section 609.2 makes clear that all parental relocations constitute substantial changes in circumstances under Illinois law. As a result, any time a parent has plans to relocate, either parent can file a petition for modification of child custody if doing so is necessary to protect their children’s best interests.

Proving the Section 602.7 “Best Interests” Factors When One Parent Seeks to Relocate

Generally speaking, child custody modifications are subject to the same standards as original child custody determinations under Illinois law. This means that the “best interests” factors established in Section 602.7 of the Illinois Compiled Statutes apply. These factors include (but are not limited to):

  • Each parent’s wishes regarding parenting time
  • The child’s wishes, “taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time”
  • The amount of time each parent has spent caring for the child in the 24 months preceding the petition for modification
  • The terms of the parents’ prior child custody agreement and their “course of conduct . . . relating to caretaking functions with respect to the child”
  • The child’s interactions with his or her parents, siblings, and anyone else “who may significantly affect the child’s best interests”
  • The child’s needs and adjustment to his or her home, school, and community
  • The child’s and parents’ physical and mental health
  • The distance between the parents’ homes and the costs and difficulty of transportation (including any difficulties related to the child’s daily schedule)
  • Each parent’s willingness to put the child’s needs above their own and to facilitate and encourage a close relationship with the other parent

Other factors enumerated in Section 602.7 address issues such as allegations of abuse and criminal convictions, and the law also provides that a court may consider, “any other factor that the court expressly finds to be relevant.” Since these are the types of factors that the courts consider when making child custody determinations, these are the factors that former spouses and partners should consider when negotiating child custody modifications out of court as well.

While parents must seek court approval for all child custody modifications—including those related to relocations—former spouses and partners can (and often will) negotiate the terms of their child custody modifications out of court. If you and your former spouse or partner are willing to work together to come to terms, you can negotiate a mutually agreeable modification to your existing custody arrangement or parenting plan, and then you can submit your plan for approval.

Not only will this help streamline the process, but it will also help minimize the costs involved while ensuring that you have a say in the final outcome. In court, there are no guarantees, and judges must render decisions based on what they believe to be in a child’s best interests in light of the evidence presented.

The Role of a Guardian ad Litem (GAL) in Illinois Child Custody Matters in 2026

If you and your former spouse or partner are not able to come to terms and you have concerns about your child’s safety or wellbeing, it may make sense to ask the court to appoint a guardian ad litem (GAL). In child custody matters, a guardian ad litem serves as a neutral third party whose job is to help protect the best interests of the child involved. An experienced family lawyer can help you decide whether it makes sense to request the appointment of a GAL—and, if it does, your lawyer can file this request on your behalf.

Navigating Waukegan Family Court

Regardless of the circumstances, when dealing with a situation that involves a request to modify child custody in Lake County, you need to be prepared to navigate the Waukegan family court process. This makes it important to have experienced legal representation. An experienced Gurnee, IL family lawyer will be able to assist with navigating the process as efficiently as possible; and, at the end of the process, you will be able to feel confident knowing that you made informed decisions with your child’s best interests in mind.

Schedule a Confidential Initial Consultation with Gurnee, IL Family Lawyer Deanna Bowen

If you need to know more about modifying child custody in relation to a parental relocation in Lake County, we invite you to get in touch. To schedule a confidential initial consultation with Gurnee, IL family lawyer Deanna Bowen, call 847-503-0785 or request an appointment online today.