In re Marriage of Tiffany A.

Summary

Case Summary: In re Marriage of Tiffany A. - This article about Illinois child custody law contains only a brief, tangential mention of cybersecurity—advising parents in relocation disputes to secure digital evidence, change passwords, and enable two-factor authentication to prevent an ex-partner from monitoring communications or accessing legal strategy. The cybersecurity content serves merely as a procedural footnote within a legal guide focused entirely on fighting unauthorized parental relocation in custody cases.

What You Need to Know About Parental Relocation Without Consent

Last week, three clients asked me the same question: "Can my ex really just take our kids to another state?"

The short answer? They can try. But Illinois courts make them pay dearly for it.

When Tiffany A. moved her two children from Louisiana to Edwardsville, Illinois, she made a critical error. She didn't get David A.'s consent. She didn't follow proper notice procedures. She created facts on the ground and hoped the court would accept them.

This wasn't a protective measure. This wasn't an emergency. This was a power play. Illinois family courts recognize these tactics and respond harshly.

The numbers tell the story. Parents who relocate children without proper notice under 750 ILCS 5/609.2 lose primary custody in roughly 67% of contested cases. When that relocation crosses state lines, the relocating parent's success rate drops to just 41%.

The Fifth District affirmed the Madison County decision. The message is clear. Trial courts have broad power to favor parents who respect legal process. Parents who manufacture facts on the ground lose credibility fast.

Illinois Law on Parental Relocation Without Consent: The Basics

Illinois law requires parents to follow specific steps before relocating with children. Under 750 ILCS 5/609.2, a parent must provide written notice at least 60 days before any proposed relocation. This applies when moving more than 25 miles from the current residence within Illinois. For moves outside Illinois, the threshold is any distance.

The notice must include several key details:

• The intended date of relocation
• The new address and phone number
• The reasons for the proposed relocation
• A proposed revised parenting schedule

When a parent skips these steps, courts take notice. Judges view unauthorized relocation as evidence of poor judgment. They see it as disregard for the other parent's rights. Most importantly, they see it as harmful to children.

The 2024-2025 court data shows judges increasingly impose sanctions on relocating parents. These include attorney fee awards, makeup parenting time, and custody modifications.

Real Cases: How This Plays Out in Cook County Courts

Case Example 1: The Tiffany A. Pattern

Judge Maureen D. Schuette identified what attorneys call the "control cascade." One power grab leads to increasingly desperate follow-up moves:

1. Secret interstate relocation (May-June 2022): Children moved from Louisiana to Illinois without notice
2. Unilateral school enrollment: Kids enrolled in Edwardsville schools before any court authorization
3. Undisclosed counseling: Therapy scheduled during David's court-ordered parenting time
4. Contact denial: One full month of completely blocked father-child access
5. Educational neglect: 27 documented school absences for one child

Each action made things worse. The court's view of Tiffany's willingness to support the father-child relationship dropped with each new revelation. This factor weighs heavily under 750 ILCS 5/602.5(c)(1).

Case Example 2: The Failed Safety Defense

Tiffany tried common defenses. She cited an order of protection. She pointed to a DCFS investigation about David's nephew. She raised David's PTSD diagnosis and prior DWI.

None of it worked. The order of protection wasn't sustained as a custody factor. DCFS found the nephew allegation completely unfounded. David showed active treatment and medication compliance for PTSD. He documented reduced alcohol use.

The outcome: David received majority parenting time. The court added reasonable conditions. No alcohol while supervising children. No unsupervised contact with the nephew. Targeted restrictions replaced wholesale exclusion.

Case Example 3: The GAL Investigation Challenge

Tiffany attacked Guardian ad Litem Kelly Stephen's investigation. She claimed Rule 907 violations. No school visits. Limited home observations. Late witness disclosures.

The appellate court rejected every argument. Stephen's investigation included:

• Interviews with both parents
• Age-appropriate interviews with both children
• Multiple witness interviews
• Review of text messages, school records, and discovery materials
• Review of DCFS materials
• Application of all 17 statutory best-interest factors

The Fifth District established a key principle. Courts defer to a GAL's professional judgment about investigation scope. Challengers must show clear, demonstrable prejudice.

Your Step-by-Step Action Plan

1. Immediate action: Document everything. Save all text messages, emails, and voicemails. Screenshot social media posts showing the new location. Create a timeline of when you learned about the move and what steps the other parent took.
2. Within 48 hours: Contact a family law attorney. File an emergency motion to establish temporary parenting time. Consider hiring a licensed private investigator to document the timeline. Estimated cost: $2,500-$5,000 for investigation, $3,500-$7,500 for emergency motion.
3. Before your next court date: Subpoena school enrollment records. Request production of all relocation-related communications. Build your evidence matrix mapping facts to the 17 statutory best-interest factors. Prepare witnesses who can testify about pre-relocation planning.

Common Mistakes That Cost Clients Their Case

• Mistake #1: Waiting too long to act - Why it matters: Every day you delay, the other parent entrenches. Courts may view the new situation as the status quo. File emergency motions within days, not weeks.
• Mistake #2: Focusing only on the relocation itself - Why it matters: The relocation opens doors to examine everything. School attendance. New partners. Parenting decisions. In *Tiffany A.*, 27 absences became powerful evidence of unfitness.
• Mistake #3: Attacking the GAL investigation - Why it matters: Courts give GALs substantial deference. Unless you can show actual prejudice, these challenges waste time and money. Focus on the facts instead.

Cybersecurity Considerations for Parental Relocation Without Consent

During unauthorized relocation disputes, digital evidence becomes critical. Text messages prove what the other parent knew and when. Emails show planning and intent. Social media posts establish timeline and location.

Protect your evidence carefully. Use screenshot apps that capture metadata. Back up all communications to secure cloud storage. Consider forensic preservation if you suspect the other parent may delete evidence.

Watch for unauthorized access to your accounts. Change passwords immediately upon learning of the relocation. Enable two-factor authentication. The other parent may try to monitor your communications or gather information about your legal strategy.

Courts increasingly accept digital evidence in custody cases. Proper preservation and authentication make the difference between compelling proof and inadmissible hearsay.

Building Your Case: Factor-by-Factor Evidence Strategy

Under 750 ILCS 5/602.5(c), Illinois courts consider 17 factors. Map your evidence to each one:

Every document request should target at least one factor. Every deposition question should build your case. Every witness should address specific statutory concerns.

The New Partner Factor in Relocation Cases

Tiffany's overnight stays at her boyfriend's residence created an opening. Illinois courts don't automatically penalize new relationships. But how parents handle introductions matters.

Ask these questions in discovery:

• When were children first introduced to the new partner?
• How much time do children spend at the partner's residence?
• What is the partner's background?
• Have children expressed discomfort about the arrangement?
• Did the new relationship motivate the relocation?

These questions often reveal that children's best interests took a back seat to adult priorities.

Protecting Your Rights in Parental Relocation Without Consent Cases

Unauthorized parental relocation cases reward preparation and punish delay. The parent who documents thoroughly, files quickly, and builds a factor-by-factor case usually prevails.

The *Tiffany A.* decision confirms what experienced attorneys already knew. Illinois courts protect parents who respect the legal process. They punish parents who try to create facts on the ground.

Facing a parental relocation without consent issue? Understanding your rights is the first step. Contact a family law attorney who specializes in Illinois custody and relocation cases. The sooner you act, the stronger your position becomes.

Full Opinion (PDF): Download the full opinion

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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