After a divorce or custody case, life circumstances can change quickly. A new job opportunity, remarriage, family support, or financial needs may make one parent want to move with their child. But in Illinois, relocating with children is not as simple as packing up and leaving—especially when the move could impact the other parent’s parenting time.
Illinois law has specific rules governing when a parent can relocate with a child, whether the move is across state lines or simply farther within the Chicagoland area.
What Counts as a “Relocation” in Illinois?
Under Illinois law, a move is considered a legal “relocation” when a parent plans to move beyond a certain distance from the child’s current home.
For families living in Cook, DuPage, Kane, Lake, McHenry, or Will County, relocating more than 25 miles away qualifies as a relocation. For most other Illinois counties, the distance is 50 miles. Any move out of state that exceeds 25 miles from the current residence may also require court approval.
That means even a move that still keeps a parent within Illinois could trigger relocation rules if it significantly affects parenting arrangements.
Can a Parent Move Without Permission?
If the other parent agrees to the move, the process is usually simpler. The parents can sign an agreement and submit it to the court for approval.
However, if the other parent objects, the parent seeking to relocate must file a petition with the court and ask a judge for permission before moving with the child.
The court will then decide whether the proposed relocation is in the child’s best interests.
Factors Judges Consider
Illinois courts focus heavily on how the move will affect the child. Judges may consider:
- The reason for the proposed move
- The reason the other parent objects
- Educational opportunities for the child
- The child’s relationship with both parents
- Extended family support
- Employment opportunities
- Whether a realistic parenting schedule can still be maintained
The court is not deciding whether the move benefits one parent alone. The primary concern is whether the relocation will improve the child’s overall quality of life while preserving a meaningful relationship with both parents whenever possible.
Relocation Cases Can Be Emotional
Relocation disputes are often some of the most difficult family law cases because they involve competing concerns. One parent may feel the move is necessary for financial stability or personal support, while the other worries about losing regular time with the child.
Because these cases are so fact-specific, there is no automatic answer. Some relocation requests are approved, while others are denied depending on the circumstances involved.
Final Thoughts
Relocating with children after a divorce requires careful planning and, in many cases, court approval. Illinois courts aim to balance a parent’s right to move forward with the child’s need for stability and ongoing relationships with both parents.
Understanding the legal requirements before making plans to move can help parents avoid unnecessary conflict and protect both their parental rights and their child’s best interests.
If you have questions about your divorce process or are unsure which approach may apply to your situation, it is important to understand your options early.
The Law Offices of Patrick Markey, P.C., are located at 180 Stetson Avenue, Suite 3500, in Chicago, Illinois. You may call us at 312-223-1764 to discuss your situation.
I help clients minimize the destruction of divorce whether it be through the collaborative law model, the court process or mediation. My focus is on complex family law cases and representing professionals and their spouses who value a proactive solution orientated approach to their divorce. Our policy is to provide prompt responses and regular status updates to clients. Keeping the client informed about their cases is the highest priority. We as a firm are accessible when needed. Clients want a speedy resolution to their divorce or family law matter without sacrificing the best possible outcome. I am a strong advocate of the Collaborative Law and mediation dispute resolution methods for their ability to custom-craft solutions, minimize conflict and usually reduce the time of a case. Not only are we experts on family law, but we understand the impact of divorce on children and we help client’s develop co-parenting relationships. Clients deserve to be treated with kindness and empathy during this difficult time. We as a firm represent clients in a professional, ethical manner. The firm uses the latest technology to save time and make the client’s experience easier.
Recognition:
*Selected as an Illinois Super Lawyer by Super Lawyers Magazine for 2024. This distinction is limited to the top 5% of lawyers in each practice area. In 2015, selected as a “Rising Star” which is only granted to 2.5% of lawyers. Super Lawyers has a patented multi-phase process that includes independent research, peer nominations and peer evaluations.
* Chicago Bar Association Milton H. Grey Award for Outstanding Project Leadership (2012).
Involvement
*Collaborative Law Institute of Illinois (CLII) Executive Board Member
*Center for Conflict Resolution (CCR) Volunteer Mediator
*Chicago Bar Association Judicial Evaluation Committee