Let’s face it—life doesn’t stop after divorce. Whether it’s for a new job, family support, or a fresh start, sometimes relocating feels like the right next step. But when children are involved, moving isn’t just a personal decision—it becomes a legal matter, especially in Illinois.
If you’re a parent considering a move after a divorce—or if your former partner is planning to move—you might be wondering: Can they do that? What are my rights? What does the court say about it? This guide will walk you through everything you need to know about relocating with children after divorce in Illinois, based on the legal system’s handling of these cases.
Legal Restrictions on Moving with Children
In Illinois, moving with children after a divorce isn’t as simple as packing up and heading out. It’s legally defined as “Child Relocation” (previously called “Child Removal”). The law requires any parent who wants to move their child either out of the state or beyond a certain distance within the state to get permission—either from the other parent or from the court.
The court must approve you to move your child far from the other parent if custody has been given to you. If you do, you could face serious legal consequences, including contempt of court or being ordered to return the child.
Illinois courts maintain continuing jurisdiction over child custody matters after a divorce, meaning they stay involved in major decisions affecting the child’s well-being. The law doesn’t restrict where you can live—but it regulates whether your child can move with you.
So, when exactly does a move count as a “relocation”? Generally, in Illinois, a move qualifies if:
- You’re moving more than 25 miles from your current home (if you’re in Cook, DuPage, Kane, Lake, McHenry, or Will County), or
- You’re moving more than 50 miles from your home (if you’re outside those counties), or
- You’re moving out of state altogether.
And remember, this applies to divorced or separated parents, as well as unmarried parents with court-ordered parenting time or custody arrangements.
How to Get Court Approval for Relocation
If you’re planning to move and take your child with you, the first step is to give written notice to the other parent at least 60 days before the move. This notice must include:
- The intended relocation date,
- The new address (if known), and
- How long do you intend to remain at your new place?
If the other parent agrees and signs off on the notice, then it’s usually smooth sailing—the court will generally approve the relocation without a hearing.
However, if the other parent does not agree to the move, then you’ll need to file a petition with the court requesting permission to relocate. This starts the legal process, where the court evaluates your request.
During this process, you’ll be expected to explain:
- Why are you moving?
- How does it benefit the child?
- What new arrangements will be made for parenting time?
- And how you’ll support the child’s relationship with the other parent.
It’s important to keep in mind that the court’s primary focus is the child’s best interests, not just the parent’s desires or career goals.
What Factors Courts Consider in Relocation Cases
When it comes to deciding whether or not to allow a child to move, Illinois courts don’t take a one-size-fits-all approach. Instead, they look at several factors laid out in the Illinois Marriage and Dissolution of Marriage Act.
Here’s what the judge will consider:
- The circumstances and reasons for the relocation.
Do they have a real reason such as better work opportunities, nicer living or wanting to be around family? - The reasons the other parent is objecting.
Is the objection based on genuine concern for the child’s well-being, or is it more about control or frustration? - The way and how much each adult has parented the child.
Who has been the more involved or consistent parent? - The educational opportunities for the child at both the current and proposed locations.
- The difference in whether extended family was part of each family’s life.
- Whether the child will have better access to health care, community, or support systems.
- The effect the move will have on how the child lives, feels and grows.
Will it enhance or disrupt the child’s emotional and social development? - If the court can figure out a fair schedule for the non-relocating parent to spend time with the children.
The bottom line? The court wants to ensure that the child maintains a healthy, ongoing relationship with both parents—regardless of zip code.
How to Oppose a Relocation Request
Now, let’s say you’re the parent on the other side—the one who isn’t moving.If your ex wishes to take your child to another city and you think it’s not good for the child, what actions can you take?
First, take action quickly. Once you receive the notice of intent to relocate, you have the right to file an objection with the court.
You may object to a procedure for a variety of reasons.
- You believe the move would disrupt the child’s education, relationships, or mental health.
- You think the parent’s reasons for moving aren’t compelling.
- Or, the new parenting plan would drastically reduce your time and involvement in your child’s life.
To strengthen your case, it’s crucial to present clear evidence. The court will take your concerns seriously—especially if you have a strong, consistent parenting relationship with the child.
Keep in mind, courts don’t automatically deny relocation just because one parent objects. The objection should be supported by reasons and examples that make it clear that moving the child isn’t for their benefit.
Working with someone who is skilled in the law can help your concerns be recognized and handled in the right way.
Relocation and Parenting Time Adjustments
If the court approves the relocation, it doesn’t stop there. Parenting time and visitation arrangements must also be re-evaluated.
Let’s face it: long-distance parenting comes with challenges. That’s why Illinois courts require parents to create a revised parenting plan that accommodates the new logistics. This often includes:
- Extended visits during school holidays or summer break,
- Virtual visitation through video calls or phone chats,
- Travel arrangements and who will cover the costs.
Both parents are encouraged to work together to create a fair and realistic schedule that supports the child’s relationship with both parents.
If parents can’t agree on a new plan, the court will step in and make one that prioritizes stability for the child.
The court’s goal isn’t to “pick a favorite” parent. Instead, it’s to ensure that the child remains connected to both parents and continues to grow in a healthy, supported environment—no matter where they live.
Thinking about relocating with your child or facing a relocation request from your co-parent?
Don’t navigate this complex legal process alone. Speak with an experienced and compassionate Chicago family lawyer today to understand your rights, explore your options, and take the next steps with confidence. Protect your relationship with your child and ensure their best interests remain the top priority.
Frequently Asked Questions
Q: Can I move with my child if I don’t have primary custody?
A: If you are not the custodial parent, relocating your child requires either the consent of the other parent or a court order. In most cases, courts will not approve relocation unless it serves the child’s best interests.
Q: What happens if I move without the court’s permission?
A: Relocating your child without approval can lead to serious consequences, including being held in contempt of court or losing custody. It’s essential to follow the proper legal process.
Q: How long does it take to get a relocation case decided?
A: It depends on the complexity of the case and whether both parties can come to an agreement. Contested cases may take several months and involve multiple court hearings.
Q: Can the court deny a relocation even if it benefits my job or income?
A: Yes. While better employment is a valid reason, the court still prioritizes the child’s well-being and the impact the move may have on their life and relationship with the other parent.
Q: What if my child wants to move with me?
A: The court may take the child’s wishes into consideration, especially if the child is older and mature enough to express a reasoned opinion. However, it’s only one of many factors the judge will weigh.
