Relocation after divorce is one of the most sensitive issues that arises in family law. When one parent wants to move with a child, it can significantly change parenting schedules, school districts, and even the child’s day-to-day life. Illinois courts recognize that relocation can affect both parents’ rights as well as the best interests of the child. Because of that, relocation is carefully regulated under Illinois divorce and custody law.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2), a parent with the majority of parenting time, or an equal share, must seek permission before relocating with a child. Relocation is not as simple as changing addresses; it can require court approval if the move goes beyond certain distances. Courts evaluate whether the move benefits the child, preserves the child’s relationship with both parents, and aligns with their long-term interests.
As attorneys, we know that relocation cases often become contested. Parents may disagree about what is best for the child, and judges must weigh evidence from both sides. That is why understanding the law, your rights, and the steps you must follow is essential if you are considering a move after divorce in Illinois.
Not every move qualifies as “relocation.” Under 750 ILCS 5/609.2(b), relocation occurs when:
If a move meets these thresholds, the relocating parent must provide written notice to the other parent and, if necessary, seek court approval.
When a relocation request goes before the court, judges rely on the best interest standard. Under 750 ILCS 5/609.2(g), courts consider:
The parent requesting relocation must demonstrate that the move will improve the child’s quality of life while protecting the child’s relationship with the other parent.
Relocation disputes often involve strong emotions and high stakes. A misstep in providing notice or failing to present evidence can result in the denial of your request or even changes to parenting time. By working with experienced attorneys, you protect your rights, comply with all legal requirements, and ensure the child’s interests remain at the center of the case.
If the other parent consents to the move and signs the written notice of relocation, court approval may not be necessary. However, the agreement must be properly documented and filed with the court to prevent disputes later.
Moving without notice or court approval can result in serious consequences. The court may order the child to be returned, modify parenting time, or hold the relocating parent in contempt of court. This is why it is critical to follow the procedures set out in 750 ILCS 5/609.2.
Yes. If the judge determines that the move is not in the child’s best interests, the request will be denied. Courts carefully weigh the benefits of the move against the potential harm to the child’s relationship with the other parent.
Relocation does not automatically change child support obligations, but it may impact them indirectly. For example, if parenting time shifts significantly, the court may recalculate child support to reflect the new arrangement.
If the other parent does not consent, you must file a petition for relocation with the court. At the hearing, both sides present evidence, and the judge decides whether the move is in the child’s best interest.
Yes. Relocation petitions can be filed at any time after a divorce, but you must still meet the statutory requirements and show that the move benefits the child.
At Gordon & Perlut, LLC, we have extensive experience handling relocation cases across Illinois. These matters require strong advocacy and a clear strategy to protect both your rights and your child’s well-being.
Contact our Chicago divorce lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We represent clients across the entire state of Illinois.