How to Account for a Pending Move in Your Parenting Plan

 Posted on March 31, 2026 in Child Custody / Allocation of Parental Responsibilities

Divorce with kids can get complicated if one parent is planning on moving in the near future. You’ll need to plan for accommodating your child and your coparent’s schedule, and for making sure all the terms follow Illinois law. If you are working through a divorce in 2026 and a relocation is in the picture, consult with a Kane County custody lawyer for help making this transition as easy as possible for you and your family.

How Do I Know If My Move Will Affect My Parenting Plan?

The parenting plan must make note of where the child will be staying when with each parent. However, not all moves need the same degree of accommodation in your parenting plan. If the move qualifies as a legal ‘relocation’ under Illinois law, the court and the other parent must be formally notified. Under 750 ILCS 5/600(g), a move counts as a relocation if it crosses certain distance thresholds. These are between 25 and 50 miles, depending on the county you’re in (25 for Cook, DuPage, Kane, Lake, McHenry, and Will counties, 50 for any others). For out-of-state moves, anything over 25 miles is considered a relocation.  

That said, a shorter move can still affect how parenting time works in practice. If one parent moves across the county and the school pickup schedule no longer makes sense, the parenting plan needs to reflect that. Getting ahead of these adjustments in writing, even for moves that fall under the legal threshold, saves both parents from fighting over logistics later.

How Should Your Illinois Parenting Plan Address an Upcoming Move?

Under 750 ILCS 5/602.10(f)(12), a parenting plan should include provisions for resolving issues that arise if a parent moves. Here is what a well-drafted parenting plan should cover when a move is anticipated:

• The new location, if known, and a timeline for the move

• How parenting time will be divided after the move, including specific days, holidays, and school breaks

• Who is responsible for transportation costs, and how pickup and drop-off will work across the new distance

• How the parents will communicate and make decisions if they can no longer easily meet in person

• What parents will do in situations involving the right of first refusal (when one parent can’t watch the child during their allotted parenting time)

• What process the parents will follow if one of them later needs to move again

The more specific the plan, the less room there is for conflict.

What if My Co-Parent Objects to the Move?

If a parent plans to relocate (the move meets or exceeds the legal distance threshold), they must give the other parent at least 60 days of written notice before moving. That notice needs to include the planned move date, the new address if it is known, and how long the move is expected to last.

If the other parent agrees and signs the notice, the relocation can go forward without a court hearing. If the other parent objects, the parent who wants to move must file a petition with the court. A judge will then decide whether to allow the relocation based on what is in the child's best interests.

Mediation for Relocation Disputes

If your spouse objects to you moving with your child, you don’t have to go straight to the courtroom. Mediation can be a good first step towards a compromise. When parents can reach an agreement on their own, they have more control over the outcome than they would if a judge decides for them. Mediation also tends to be faster and less expensive than going to court, and it can make for a better co-parenting relationship going forward.

That said, mediation is not always possible. When one parent is being unreasonable or refusing to engage in good faith, litigation may be the only way forward.

Call a St. Charles, IL Family Law Lawyer Today

Whether your move is just around the corner or across state lines, a parenting plan where the details are worked out beforehand is vital. Our lead attorney at Shaw Sanders, P.C. is a trained mediator with deep experience in family law, and while we always pursue the most practical resolution available, we will not hesitate to fight hard for you in court when needed. Call a Kane County custody attorney at 630-584-5550 to schedule your free consultation today.