Moving after a divorce can represent a fresh start. A parent may want to purchase a more affordable home, live closer to relatives, accept a better job, enter a new relationship, or move into a school district that offers greater opportunities for the children. However, when parents share parental responsibilities or parenting time, moving with a child can become a significant legal issue.
Illinois law distinguishes between an ordinary move and a legal “relocation.” A parent may generally move to another home without going through the formal relocation process when the new residence remains within the statutory distance limits. Once the proposed move crosses those limits, however, the parent may need the other parent’s written agreement or permission from the court before moving the child.
The legal analysis focuses on the child’s primary residence, the distance of the proposed move, the existing allocation judgment, and whether the move would serve the child’s best interests. A parent should understand these rules before signing a lease, purchasing a home, accepting employment in another city, or making firm moving arrangements.
Illinois parents often use the terms “moving” and “relocating” interchangeably. Legally, however, they do not mean the same thing.
A parent can move personally without necessarily relocating the child. The Illinois Marriage and Dissolution of Marriage Act applies its relocation requirements to certain changes in the child’s primary residence.
A move that remains within the applicable mileage threshold is not classified as a relocation under the statute. Nevertheless, even a shorter move can create practical problems when it affects school enrollment, transportation, exchanges, childcare, or the existing parenting schedule.
Parents should therefore review both the relocation statute and their allocation judgment or parenting plan before moving.
Under Illinois law, whether a proposed move qualifies as a relocation depends partly on the county where the child’s current primary residence is located.
A move is generally treated as a relocation in any of the following circumstances:
When the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move to a new residence within Illinois is a relocation if the new home is more than 25 miles from the child’s current primary residence.
This rule is particularly important for families in Chicago, Skokie, Evanston, Oak Park, Schaumburg, and other Cook County communities. A move does not have to cross state lines to require compliance with the relocation law.
When the child’s current primary residence is in an Illinois county other than Cook, DuPage, Kane, Lake, McHenry, or Will County, an in-state move is generally a relocation when the new residence is more than 50 miles away.
The larger threshold recognizes the different geographic conditions that may exist outside the six-county Chicago metropolitan area.
A move from the child’s current primary residence to a residence outside Illinois is a relocation when the new residence is more than 25 miles away.
This means that not every out-of-state move necessarily qualifies as a statutory relocation. For example, a family living near the Illinois border might move a relatively short distance into Indiana or Wisconsin. When the move is 25 miles or less, it may fall outside the statutory definition, although the existing parenting plan and other jurisdictional issues must still be considered.
Illinois law measures the distance using an internet mapping service. Parents should not rely on straight-line distance or their own estimate of the mileage.
A parent usually does not need to complete the formal statutory relocation process when the child’s new primary residence will remain within the applicable mileage limit.
For example, a parent living in Chicago may be able to move to another Chicago neighborhood or a nearby suburb without obtaining relocation approval, provided the move does not exceed 25 miles from the child’s current primary residence.
That does not mean the move should be made without considering the other parent or the parenting plan. A relatively short move may still:
The allocation judgment may require each parent to disclose a new address, provide advance notice of a move, or cooperate regarding school enrollment. A parent who ignores those requirements may create an avoidable dispute even when the move does not satisfy the statutory definition of relocation.
Illinois law provides that a parent who has been allocated a majority of the parenting time may seek to relocate with the child. When the parents have been allocated equal parenting time, either parent may seek relocation.
A parent with substantially less than half of the parenting time ordinarily cannot use the relocation statute to move the child’s primary residence. That parent remains free to move personally, but moving the child may first require a broader modification of the allocation judgment.
Determining who has the majority of parenting time is usually straightforward, but disputes can arise when the written schedule differs from the arrangement the parents actually follow. The court will generally begin with the existing allocation judgment and parenting plan.
A parent seeking to relocate must provide written notice of the intended relocation.
The notice must ordinarily be given at least 60 days before the planned move. If providing 60 days’ notice is impracticable, the parent must provide notice at the earliest practicable date.
The written notice must include:
The relocating parent must file the notice with the circuit court clerk and provide a copy to the other parent. The notice requirements are not merely a courtesy. They give the other parent time to evaluate the proposal, determine how it will affect the child, and decide whether to consent or object.
A parent should not assume that an informal text message, phone conversation, or mention during an exchange satisfies the statute. Formal written notice helps establish that the legal requirements were followed.
If the nonrelocating parent agrees to the move, that parent may sign the written notice.
The relocating parent can then file the signed notice with the court. The court may approve the relocation without a contested hearing when the agreement is consistent with the child’s best interests.
Even when both parents consent, the existing allocation judgment may need to be modified. A significant move can require changes involving:
The parents should address these matters in a detailed written agreement rather than relying on informal promises. A workable long-distance parenting plan should anticipate school calendars, travel delays, transportation costs, and the child’s changing needs.
When the other parent refuses to sign the notice or objects to the proposed move, the parent seeking relocation must file a petition asking the court for permission.
The relocating parent should not move the child first and seek approval afterward. Moving without consent or a court order can lead to emergency litigation, an order requiring the child’s return, modification of parenting arrangements, and an adverse credibility finding.
After a petition is filed, the court will hold proceedings to determine whether relocation is in the child’s best interests. A contested relocation case is not decided solely by whether the move would benefit the parent requesting it. The court must examine how the move would affect the child and the child’s relationship with both parents.
Illinois law identifies multiple factors the court must consider in a contested relocation case. No single factor automatically controls the outcome.
The court will examine why the parent wants to move. Legitimate reasons may include a better job, more affordable housing, educational opportunities, family support, remarriage, safety concerns, or improved living conditions.
The court may also question whether the move is intended primarily to interfere with the other parent’s relationship with the child.
The nonrelocating parent’s reasons also matter. An objection may be based on concern about losing frequent contact, increased travel, disruption of school or activities, financial costs, or doubts about the proposed living arrangement.
An objection made merely to control the former spouse may be viewed differently from one based on a substantial history of parental involvement.
The court will evaluate the quality and extent of each parent’s relationship with the child. Relevant issues may include participation in school, medical care, extracurricular activities, homework, daily routines, and emotional support.
A parent who has consistently exercised parenting time and participated in the child’s life may present a stronger objection than a parent who has had minimal involvement.
The court may compare the child’s current school and proposed school, including academic resources, special education services, extracurricular programs, social connections, and continuity.
A claim that the new school is “better” should generally be supported with concrete information rather than broad assumptions.
The availability of grandparents, relatives, and other support systems may affect the analysis. The court can consider family connections in both the current and proposed locations.
A move that places the child near a reliable support network may benefit the child. Conversely, removing the child from close relatives and established community ties may weigh against relocation.
The court will consider the child’s age, developmental needs, temperament, relationships, school adjustment, and ability to tolerate travel or major changes.
A relocation may affect a preschool-aged child differently from a teenager with established school, athletic, and social commitments.
A central question is whether the court can design a realistic schedule that preserves the child’s relationship with the nonrelocating parent.
A longer move may reduce frequent weekend contact but allow extended parenting time during summer vacation, winter break, spring break, and holidays. Video calls and other electronic communication can supplement—but generally cannot replace—in-person parenting time.
Transportation may become expensive and time-consuming. The court can evaluate airfare, driving time, lodging, work schedules, the child’s school schedule, and which parent should bear the cost.
A proposed plan is more persuasive when it explains who will arrange travel, who will pay, where exchanges will occur, and how delays will be handled.
Depending on the child’s age, maturity, and ability to express a reasoned preference, the court may consider the child’s wishes. The child does not have the unilateral right to approve or reject the move.
The statute also permits the court to consider any other factor relevant to the child’s best interests.
A parent seeking relocation should present a detailed plan rather than a general desire to move.
Useful preparation may include identifying:
The parent should also explain how the move will improve the child’s circumstances, not merely the parent’s lifestyle.
A job offer may support relocation, but the court will still examine salary, stability, hours, benefits, childcare needs, and the impact on the other parent’s relationship with the child.
A parent opposing relocation should do more than state that the move is unfair.
The objection should explain how the move will affect the child, including the likely loss of regular contact, school disruption, travel burdens, reduced participation in activities, or separation from an established support network.
Evidence of consistent involvement can be highly relevant. Calendars, school communications, medical records, activity schedules, photographs, messages, and testimony may demonstrate the parent’s role in the child’s daily life.
The opposing parent may also present alternatives, such as modifying the current schedule, helping the relocating parent identify closer employment, or proposing other arrangements that address the stated reasons for moving.
Relocation can also arise while a divorce or parental-responsibilities case is still pending.
Illinois courts may authorize a temporary relocation before entry of a final allocation judgment when the move is in the child’s best interests. A temporary relocation does not automatically determine the final allocation of parental responsibilities, and the statutory notice and procedural requirements still apply.
Because a temporary move can significantly affect school, housing, and parenting arrangements, parents should seek legal advice before taking action.
Relocation does not automatically change child support, but it may create reasons to review the existing order.
A modified parenting schedule, increased travel costs, changes in income, childcare expenses, and health insurance costs may affect the financial arrangements between the parents.
The court may allocate transportation expenses as part of the relocation decision. A separate request may be necessary to modify child support or other financial provisions.
Not necessarily. An in-state move can qualify as a relocation if it exceeds the applicable 25-mile or 50-mile limit. The relevant threshold depends on the county where the child’s current primary residence is located.
The other parent generally cannot prevent you from moving personally. The legal dispute concerns whether you may change the child’s primary residence and how the move affects parenting time.
A move within 25 miles generally will not constitute statutory relocation, but it may still affect the parenting plan, school enrollment, transportation, and address-notification requirements.
Once consent has been given and filed, withdrawing it may require court involvement. Parents should obtain legal advice before signing or relying on a relocation agreement.
The statute requires the new address when known. The notice should provide all available information and be updated appropriately when additional details become available.
No. Remarriage may be relevant, but the court’s decision must focus on the child’s best interests and the statutory relocation factors.
Relocation cases can affect where a child lives, attends school, receives medical care, and spends time with each parent. Whether you are seeking permission to move or objecting to a proposed relocation, acting before the move occurs is critical.
Gordon & Perlut, LLC represents parents in Chicago, Skokie, Cook County, and surrounding Illinois communities in relocation proceedings, modifications of parental responsibilities, parenting-time disputes, and related family law matters.
Contact Gordon & Perlut, LLC at our Chicago office at 312-360-0250 or call our Skokie office at 847-329-0101 to speak with an experienced Chicago relocation lawyer about your proposed move, the applicable notice requirements, and a parenting arrangement that protects your relationship with your child.
This article is intended for general informational purposes and does not constitute legal advice regarding any individual case.
