What Happens When a Parent Wants to Relocate After Divorce?

Divorce does not necessarily mean that a family’s circumstances stay the same.

A parent may receive a new job opportunity, remarry, move closer to extended family, or simply decide that a different community would better suit their circumstances. But when a divorced parent wants to move with a child, particularly a move that could significantly affect the other parent’s parenting time, Illinois law places specific requirements on the process.

In Illinois, a move that meets the statutory definition of a relocation generally requires advance notice to the other parent and, when the parents cannot agree, court approval.

The law focuses on the best interests of the child, while also considering the child’s relationships with both parents and whether a workable parenting arrangement can be established after the move.

Here is what Illinois parents should know about relocation after divorce.

What Is Considered a Relocation in Illinois?

Not every move qualifies as a legal relocation.

Under the Illinois Marriage and Dissolution of Marriage Act, a relocation is generally based on the distance between the child’s current primary residence and the proposed new residence.

For a move within Illinois, the applicable distance depends on the county where the child’s current primary residence is located:

More than 25 miles from the child’s current residence if the residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County.
More than 50 miles if the child’s current primary residence is in another Illinois county.

A move to a residence outside Illinois is considered a relocation if the new residence is more than 25 miles from the child’s current primary residence. Under the statute, these distances are measured by an internet mapping service. The statute does not specify which measurement controls when a mapping service produces more than one — straight-line distance versus driving distance, for example, or alternative driving routes of different lengths. If a proposed move falls near the applicable threshold, that ambiguity can matter, and it is worth resolving before relying on a particular calculation.

This distinction matters because a parent may be able to move a shorter distance without going through the formal relocation process. However, even a move that does not meet the statutory definition can potentially affect an existing parenting schedule. It is also important to review the parenting plan itself. Parents may agree to geographic restrictions that are narrower than the statutory thresholds, and those provisions can apply even when a move would not otherwise qualify as a relocation under the statute. A parent should read the existing plan before assuming a particular distance is permissible.

If you are uncertain whether a proposed move qualifies as a relocation under Illinois law, it is important to address that question before making the move rather than assuming that a particular distance is permissible.

Who Can Seek to Relocate With a Child?

Illinois law provides that a parent who has been allocated a majority of parenting time, or either parent when the parents have been allocated equal parenting time, may seek to relocate with the child.

That does not mean that the parent automatically has permission to relocate.

Instead, Illinois law establishes a process for giving the other parent notice and, if necessary, asking the court to determine whether the relocation should be permitted.

A relocation also constitutes a substantial change in circumstances for purposes of modifying an allocation judgment under Illinois law.

The First Step: Provide Notice

A parent who intends to relocate with a child generally must provide the other parent with written notice.

Illinois law requires at least 60 days’ written notice before the planned relocation, unless providing that amount of notice is impracticable or the court orders otherwise. If 60 days is not practicable, notice must be provided at the earliest practicable date.

The notice must include, at minimum:

The intended date of the relocation;
The address of the intended new residence, if known; and
The length of time the relocation is expected to last if it is not indefinite or permanent.

A copy of the notice must also be filed with the clerk of the circuit court.

There are special considerations when there has been a history of domestic violence. Illinois law allows the court to waive or seal some or all of the information that would otherwise be required in the relocation notice.

Why Does the Notice Matter?

The notice gives the other parent an opportunity to consider the proposed move and determine whether they agree.

It also gives the parents an opportunity to address the practical consequences of the relocation, including changes to parenting time, transportation, holidays, school breaks, and other aspects of the parenting plan.

Failing to provide the required notice without good cause can also have consequences. Illinois law allows the court to consider that failure when evaluating whether the relocation is being pursued in good faith and as a basis for potentially awarding reasonable attorney’s fees and costs resulting from the failure to comply with the notice requirements.

For that reason, a parent considering relocation should not treat the notice requirement as a technicality.

What If the Other Parent Agrees?

Not every relocation requires a courtroom dispute.

If the non-relocating parent agrees to the move and signs the required notice, the relocating parent can file the signed notice with the court.

Under Illinois law, the relocation can then proceed without further court action, and the court can modify the existing parenting plan or allocation judgment to accommodate the relocation and other agreed-upon changes, provided the agreed modification is in the child’s best interests.

In practice, the parents may need to address much more than the location of the new home.

For example, a move could require changes to:

The regular parenting-time schedule;
Transportation responsibilities;
Pick-up and drop-off arrangements;
Holiday parenting time;
School-break schedules;
Summer parenting time;
Travel arrangements;
Communication between the child and the non-relocating parent; and
Other provisions of the existing parenting plan.

A thoughtfully structured agreement can help parents address these issues before the move creates additional conflict.

What If the Other Parent Objects?

If the other parent objects to the relocation, does not sign the relocation notice, or the parents cannot agree on the necessary changes to their parenting plan, the parent seeking to relocate must file a petition seeking permission to relocate.

In a contested relocation, the parent seeking to relocate bears the burden of proving that the move is in the child’s best interests. At that point, the court will determine whether the parenting plan or allocation judgment should be modified to allow the relocation.

The question is not simply whether the parent has a good reason for wanting to move.

The court must consider the statutory factors and determine what arrangement is in the child’s best interests.

What Factors Will an Illinois Court Consider?

Illinois law identifies a number of factors a court must consider when evaluating a proposed relocation.

These include:

1. The circumstances and reasons for the relocation

The court may consider why the parent wants to move.

For example, the circumstances could involve employment, family support, remarriage, housing, educational opportunities, or other personal or family considerations.

The reason for the move is only one part of the analysis, however. A parent should be prepared to explain not only why they want to relocate, but also how the proposed move would affect the child.

2. Why the other parent objects

The court also considers the reasons for the non-relocating parent’s objection.

An objection may involve concerns about losing parenting time, the child’s education, transportation, distance, extended family, or the practical effect of the move on the parent-child relationship.

The court considers these concerns as part of the overall best-interests analysis.

3. The child’s relationship with each parent

The history and quality of each parent’s relationship with the child are important considerations.

The court may specifically consider whether either parent has substantially failed or refused to exercise the parental responsibilities allocated to them under the existing parenting plan or allocation judgment.

This means a relocation case may involve a close examination of how the existing parenting arrangement has actually functioned—not simply what the written order says.

4. Educational opportunities

The court can consider educational opportunities available at the child’s current location and at the proposed new location.

Parents seeking relocation should therefore be prepared to provide meaningful information about schools and other educational considerations rather than relying solely on general statements that one location is “better.”

5. Extended family

The presence or absence of extended family in both locations may also be considered.

For example, a proposed move closer to grandparents or other relatives could be relevant. The court may consider this alongside the child’s existing relationships and the other circumstances surrounding the relocation.

6. The anticipated impact on the child

The court considers the anticipated impact of the relocation on the child.

That may include changes to school, community, activities, friendships, family relationships, daily routines, and the child’s relationship with each parent.

The impact of the move is evaluated in the context of the child’s individual circumstances.

7. Whether a workable parenting arrangement can be created

One of the central questions is whether the court can fashion a reasonable allocation of parental responsibilities if the relocation occurs.

A move that substantially increases the distance between parents may make the existing parenting schedule impractical.

The court therefore considers whether another workable arrangement can be created that allows the child to maintain meaningful relationships with both parents.

8. The child’s wishes

The child’s wishes may also be considered, depending on the child’s maturity and ability to express reasoned and independent preferences regarding the relocation.

This does not mean that a child automatically gets to decide where they will live.

Rather, the statute directs the court to consider the child’s wishes in light of the child’s maturity and ability to express an independent and reasoned preference.

9. Possible parenting-time arrangements

The court may consider possible arrangements for exercising parental responsibilities based on the parents’ resources and circumstances and the child’s developmental level.

For example, depending on the circumstances, a revised schedule could potentially involve longer blocks of parenting time during school breaks or summer rather than the same weekly schedule the parents followed before the relocation.

The appropriate arrangement will depend on the particular facts.

10. Protecting the parent-child relationship

Illinois law specifically directs the court to consider how to minimize impairment to the relationship between the child and a parent caused by the relocation.

This is an important consideration in relocation disputes.

A parent seeking to move should be prepared to address how the child’s relationship with the other parent can continue and what practical steps can make that relationship sustainable.

11. Other relevant best-interests factors

Finally, the court may consider other relevant factors bearing on the child’s best interests.

This allows the court to consider circumstances that may be important to the particular family but do not fall neatly into one of the other statutory categories.

What About a Move to Another State?

An interstate move can create additional complications.

Under Illinois law, moving the child’s primary residence outside Illinois more than 25 miles from the current primary residence generally falls within the statutory definition of relocation.

A parent should not assume that crossing the state line is simply a matter of changing the child’s address.

Depending on the distance and circumstances, the parent may need to comply with the relocation-notice requirements and obtain permission before moving with the child if the other parent does not agree.

There can also be jurisdictional issues involving which state should handle future proceedings concerning the child. Illinois’ relocation statute specifically addresses circumstances involving a move of 25 miles or less outside Illinois and the continuation of Illinois’ home-state status under the Uniform Child-Custody Jurisdiction and Enforcement Act.

Because interstate moves can involve both relocation and jurisdictional considerations, parents should address these issues before making plans that could affect where the child lives.

Can a Parent Move Without Following the Relocation Process?

Parents should be cautious about moving first and trying to resolve the legal issues afterward.

If an existing parenting plan or allocation judgment applies, a parent should determine whether the proposed move qualifies as a relocation and comply with the statutory process before relocating with the child.

Illinois Legal Aid Online notes that when a court order is already in place, special rules apply to relocation and a parent may need to obtain court permission if the other parent does not agree. In certain interstate situations, a parent who moves without the required permission could potentially be ordered to return the child to Illinois.

The safest approach is to address the legal requirements before the move occurs.

If a case is still pending and a move cannot wait, the temporary relocation provision described above may provide an avenue to seek the court’s permission.

What If the Divorce Is Still Pending?

The process described above applies when a parenting plan or allocation judgment is already in place. Illinois law also addresses relocation while a case is still pending.

Under Section 603.5(a-5) of the Illinois Marriage and Dissolution of Marriage Act, a court may order the relocation of a child on a temporary basis before entry of a final allocation judgment if the relocation is in the child’s best interests. A temporary relocation is considered temporary in nature and does not prejudice either parent in the final allocation of parental responsibilities. The relocation must still follow the notice and petition protocol in subsections (c) through (g) of Section 609.2.

This provision took effect January 1, 2022. It gives a parent whose case is still pending a way to seek permission to move rather than waiting for a final judgment. It does not make a temporary move automatic — the court must still find that the relocation serves the child’s best interests.

What Should a Parent Do Before Seeking Relocation?

Preparation can help make a significant difference in a relocation matter.

A parent considering a move should review the existing parenting plan or allocation judgment and gather information about the proposed relocation.

Depending on the circumstances, that may include:

The reason for the proposed move;
The proposed new residence;
School information;
Child-care arrangements;
Employment information;
Family or community support at the new location;
Transportation options;
Travel time and costs;
A proposed revised parenting-time schedule;
Holiday and school-break arrangements; and
A plan for maintaining the child’s relationship with the other parent.

It is also important to consider the other parent’s likely concerns.

A relocation proposal that acknowledges those concerns and provides realistic solutions may create more opportunities for agreement than one that focuses solely on why the relocating parent wants to move.

Can Relocation Be Resolved Through Agreement or Mediation?

Yes. A relocation dispute does not necessarily have to be resolved through a contested trial.

Parents may be able to negotiate an agreement addressing the relocation and the resulting changes to their parenting plan. Mediation may also help provide an opportunity for parents to work through disputed issues with the assistance of a neutral third party.

For some families, reaching an agreement can provide greater control over the details of the new parenting arrangement.

However, any agreement should be properly documented and submitted to the court when required. A parent should not rely solely on an informal agreement when an existing court order governs parenting time or parental responsibilities.

What If Circumstances Change After the Relocation?

Relocation can significantly change how a parenting plan works in practice.

Illinois law recognizes that a parent’s relocation constitutes a substantial change in circumstances for purposes of modification under Section 610.5.

If circumstances later change, additional modification issues may arise.

For example, a revised parenting schedule may need to be addressed if transportation becomes unworkable, the child’s educational circumstances change, or the parents’ circumstances materially change.

The appropriate legal process will depend on the existing orders and the facts of the situation.

The Bottom Line

A parent who wants to relocate after divorce may have legitimate reasons for wanting to move—but Illinois law requires the parent to consider how that move will affect the child and the child’s relationship with the other parent.

If the move meets Illinois’ statutory definition of a relocation, the parent generally must provide advance written notice. If the other parent agrees, the parents may be able to proceed by agreement and modify their parenting plan accordingly. If the other parent objects, the parent seeking relocation generally must ask the court for permission.

Ultimately, an Illinois court will evaluate the proposed relocation under the child’s best interests, considering factors such as the reasons for the move, each parent’s relationship with the child, educational opportunities, extended family, the impact of the relocation, the child’s wishes when appropriate, and whether a reasonable parenting arrangement can be maintained.

Relocation cases can become complicated quickly, particularly when a proposed move crosses county or state lines or would substantially change an existing parenting schedule. Understanding the legal requirements before making plans to move can help a parent avoid unnecessary complications.

How Masters Law Group Can Help

Relocation cases require careful consideration of both the parent’s circumstances and the child’s best interests.

At Masters Law Group, our family law attorneys can help parents understand the Illinois relocation process, evaluate their options, develop or respond to a proposed relocation, and pursue an agreement or court determination when necessary.

Whether you are considering a move or have received notice that your child’s other parent intends to relocate, getting legal guidance early can help you understand the process and protect your interests.

To discuss your circumstances with Masters Law Group, visit masters-lawgroup.com.

This article is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Illinois relocation law is fact-specific, and the outcome of any particular matter depends on the circumstances of the case. Consult with a qualified attorney regarding your specific situation.