Can You Relocate With Your Child After Divorce in Illinois?

After a divorce or separation, life circumstances can change. A new job opportunity, a desire to be closer to family, a remarriage, or financial considerations may lead a parent to consider moving to a new city or even a new state.

Can you relocate with your child after divorce in Illinois? The answer depends on several factors, including how far you plan to move, whether the other parent agrees, and whether the move meets Illinois' legal definition of relocation.

When children are involved, relocating is not always a decision one parent can make alone.

Illinois law has specific rules regarding parental relocation, and moving without following those rules can create serious legal consequences. If you are considering a move in a parentage case or during or after a divorce, it is important to understand how relocation laws work and what steps may be required before making plans.

What Does Illinois Consider a Relocation?

Under Illinois law, not every move qualifies as a legal relocation.

Whether a move is considered a relocation depends on where the child currently lives and how far the proposed move would be.

Generally speaking, relocation rules may apply when a parent plans to move:

• More than 25 miles from the child's current residence within certain counties surrounding Chicago. This distance is measured "as the crow flies," not by driving distance.

• More than 50 miles from the child's current residence in other Illinois counties.

• More than 25 miles outside Illinois if the child currently lives in specific collar counties.

Because relocation laws can be complex and fact-specific, it is important to review your situation carefully before making any decisions.

Can a Parent Move Without Permission?

In many situations, no.

If the move meets Illinois' legal definition of relocation and parenting responsibilities are shared between parents, the relocating parent will typically need either:

• Written agreement from the other parent, or

• Court approval.

Moving without following the proper legal process can result in court intervention and may negatively affect future parenting decisions.

What Happens If Both Parents Agree?

When both parents agree to the relocation, the process is usually much simpler.

The parents may submit a written agreement outlining:

• The new residence

• Revised parenting schedules

• Transportation arrangements, including transportation fees

• Communication plans for the child and the non-relocating parent

A judge will generally review the agreement to ensure it serves the child's best interests before approving it.

What If the Other Parent Objects?

If the other parent does not agree to the move, the court may need to decide the issue.

The parent seeking relocation will generally be required to file a petition requesting permission to relocate with the child.

The court will then evaluate whether the proposed move is in the child's best interests.

How Does the Court Decide?

Illinois courts focus on one primary question:

Is the relocation in the child's best interests?

When making that determination, courts may consider factors such as:

• The reason for the proposed move

• The reason for the objection

• The child's relationship with each parent

• Educational opportunities in the new location

• Employment opportunities for the relocating parent

• The impact on the child's emotional well-being

• Extended family support available in each location

• Whether a realistic parenting schedule can be maintained after the move

• The child's needs and developmental stage

No single factor automatically determines the outcome. Courts examine the entire situation before making a decision.

Does Relocation Affect Parenting Time?

Often, yes.

When a parent relocates, existing parenting schedules may no longer be practical.

The court may modify parenting time arrangements to account for:

• Increased travel distances

• School schedules

• Holiday and vacation parenting time

• Transportation responsibilities

• Virtual communication options

The goal is generally to preserve a meaningful relationship between the child and both parents whenever possible.

What Happens If a Parent Moves Without Court Approval?

Relocating without obtaining required approval can create significant legal problems.

Potential consequences may include:

• Court orders requiring the child to return

• Modifications to parenting responsibilities

• Contempt proceedings

• Additional legal expenses

• Damage to credibility during future court proceedings

For this reason, parents should always consult with an experienced family law attorney before relocating with a child.

Frequently Asked Questions About Relocating With a Child in Illinois

Can I move out of Illinois with my child after divorce?

It depends. If your proposed move meets Illinois' legal definition of relocation and parenting responsibilities are shared, you will generally need either the other parent's written agreement or court approval before relocating.

How far can I move before Illinois relocation laws apply?

The answer depends on where the child currently lives. Illinois law uses different mileage requirements depending on the county, and distances are measured "as the crow flies" rather than by driving distance.

Can the other parent stop me from relocating?

The other parent may object to the proposed move. If that happens, the court will decide whether the relocation is in the child's best interests after considering the factors set forth under Illinois law.

What happens if I move without court approval?

Relocating without obtaining the required approval may result in court orders requiring the child to return, modifications to parenting responsibilities, contempt proceedings, additional legal expenses, and other legal consequences.

Does relocating automatically change parenting time?

Not automatically. However, if a relocation is approved, the court may modify the parenting schedule to account for travel, school schedules, holidays, and other practical considerations while preserving the child's relationship with both parents.

Every Relocation Case Is Unique

Relocation cases can be emotionally challenging because they often involve balancing a parent's opportunity to move forward with the importance of maintaining strong parent-child relationships.

Whether you are seeking to relocate or opposing a proposed move, understanding your rights and obligations is critical.

If you're considering relocating with your child—or if the other parent has informed you of plans to move—it's important to understand your legal rights before taking action.

At Larimer Law LLC, Attorney Angie Larimer helps Illinois parents navigate complex parenting and relocation matters while keeping the child's best interests at the center of every case. She can help you evaluate your options, explain the relocation process, and protect your parental rights every step of the way.

Contact Larimer Law LLC today to schedule a consultation and discuss your situation.