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Moving with a Child After an Illinois Divorce
After your divorce is final, you may need to move for a new job, to be closer to family, or for many other reasons. If you want to move with your child in Illinois, you need to understand the state's relocation laws.
Following the correct legal process is essential whether you’re moving to another county or to another state. If you have questions about relocating with your child after divorce, a St. Charles divorce attorney can help you understand the process.
What Moves Do You Need Court Approval for in Illinois?
Not every move with your child needs court approval. Illinois law decides what moves, or relocations, need approval based on how far someone is moving and where they currently live.
Under 750 ILCS 5/609.2, "relocation" is moving your child's primary residence in one of these ways:
- Out of Illinois and more than 25 miles from the current home.
- Within Illinois, but more than 25 miles from the current home if you live in Cook, DuPage, Kane, Lake, McHenry, or Will County.
- Within Illinois, but more than 50 miles from the current home if you do not live in any of the above counties.
If none of these categories applies to you, you can usually move without going through the relocation process. You should still inform the other parent about the move, as it will probably affect the parenting schedule.
Who Can Ask to Relocate with a Child?
Only parents with majority parenting time or equal parenting time can ask to relocate with a child under Illinois law. If you are the parent with less parenting time, you can move wherever you want, but you cannot take your child with you without the other parent's agreement or a court order.
This rule applies whether your divorce was finalized recently or years ago. As long as there is a current parenting plan in place that gives you majority or equal time, you can request relocation.
What Happens if Both Parents Have Equal Time?
If you and your former spouse share equal parenting time in 2026, either one of you can request to relocate with the child. However, the parent who wants to move must still follow all notice requirements and get either the other parent's written agreement or permission from the court.
How Do I Tell the Other Parent About My Plan to Relocate?
If your planned move qualifies as a relocation, you must give written notice to the other parent at least 60 days before you plan to move. Failing to provide proper notice can hurt your case if the other parent objects.
The notice must include the date you plan to relocate, the address of your new home (if you know it), and how long the relocation will last if it’s not permanent. You must also file a copy of this notice with the clerk of the circuit court.
What if I Cannot Give 60 Days Notice?
Illinois law understands that sometimes 60 days notice is not possible. For example, you might get a sudden job offer or have an emergency come up. If giving 60 days' notice is not an option, you must provide notice as early as you can and explain to the court why you could not give it earlier.
If the court believes you deliberately avoided giving notice to prevent the other parent from objecting, it could deny your request.
What Happens if the Other Parent Agrees to My Relocation?
If the other parent signs your written notice, you can file the signed notice with the court and relocate without a hearing. The court will then modify your parenting plan to reflect the new arrangement.
What Happens if the Other Parent Objects to My Relocation?
If the other parent does not agree to the relocation, you must file a petition with the court asking for permission to relocate. The court will schedule a hearing where both parents can present their arguments.
At the hearing, the judge will decide whether to allow the relocation based on what is in the child's best interests. They will look at:
- Your reasons for relocation.
- The other parent's reasons for objecting.
- Each parent's relationship with the child.
- Educational opportunities at the current and new location.
- How the move will affect the child.
- Whether a reasonable parenting schedule can work if you move.
- The child's wishes, if the child is old enough to express them.
The parent requesting the relocation has the responsibility to show the court that the move is in the child's best interests.
Illinois courts often make parents try mediation before a relocation hearing. Mediation gives you and the other parent a chance to work out an agreement with the help of a neutral third party. A mediator can help you find creative solutions that work for both parents and prioritize the child's needs.
Can the Court Stop Me From Moving?
No, but the court can stop you from taking your child with you. If the judge denies your relocation request, you must choose between moving and keeping the current parenting time arrangement.
Call a Kane County Family Law Attorney Today
Having a lawyer to guide you during your relocation is incredibly helpful. The last thing you want is for your move to be stalled by legal issues. A St Charles divorce lawyer can help you with any questions. At Shaw Sanders, P.C., our main attorney is a mediator with significant experience in family law. We focus on mediation, but are willing to aggressively litigate cases in court when necessary. Contact Shaw Sanders, P.C. at 630-584-5550 for a free consultation today.
630-584-5550