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Relocating with a child after a divorce can be a complex legal issue for parents in Illinois. The decision to move often arises due to new job opportunities, family support, or a fresh start, but when children are involved, Illinois law sets clear guidelines to protect both parental rights and the child’s best interests. The legal process ensures that both parents have a say when one parent plans to relocate. Courts carefully assess whether the move will disrupt the child’s relationship with both parents or the child’s overall well-being. As Downers Grove family attorneys, we help parents understand their legal rights and obligations when considering relocation after a divorce.
Relocation cases in Illinois require careful consideration under Illinois divorce laws. The courts prioritize the stability and well-being of the child. Failing to follow the legal steps for relocation can lead to serious consequences, including potential modifications to custody arrangements or legal penalties. Understanding how Illinois courts evaluate relocation requests is very important for parents seeking to protect their family relationships.
Illinois law sets specific guidelines for relocating with a child after a divorce. Under 750 ILCS 5/609.2, a parent with primary or equal parenting time must obtain either the other parent’s consent or court approval before relocating. The law defines relocation as:
If the intended move meets any of these definitions, the parent must follow the legal steps for approval. Failing to do so can result in legal consequences, including being held in contempt of court. The legal steps differ based on whether the non-relocating parent is in agreement with or against the relocation.
To relocate legally with a child in Illinois, a parent must follow these steps:
Illinois courts evaluate relocation cases based on the “best interests of the child” standard as explained in 750 ILCS 5/602.7. The factors the court must consider in deciding whether to allow a relocation include:
Courts focus on how the relocation will affect the child’s stability, overall well-being, and ability to maintain a strong relationship with both parents.
If the non-relocating parent does not agree to the move, they have the right to contest the relocation by outright objecting, not signing the written notice the relocating parent must provide, or failing to reach an agreement on the modification of the terms of the parties’ parenting plan. When any of these occur, the relocating party must file a motion seeking permission to move in front the court for its consideration. At that time, the non-relocating party should file a formal objection with the court and present evidence showing the relocation would negatively impact the child’s best interests;
The court will assess whether the move significantly disrupts the parenting schedule or the child’s stability. If the court finds the relocation harmful to the child, it may deny the request for relocation.
The penalties for relocating with a child without following the required steps are severe. The potential penalties include:
The court may also order the returning of the child to the original residence if the relocation violates Illinois law.
Relocation can prompt a modification of the existing parenting plan if the move significantly affects parenting time or responsibilities. Under 750 ILCS 5/610.5, either parent may petition for modification if there is a substantial change in circumstances. Under Illinois, relocation as defined in 750 ILCS 5/600 constitutes a substantial change in circumstances for purposes of modification of a parenting plan. The court will reassess the terms of the parenting plan based on the child’s best interests, often focusing on the stability of the child’s routine and parental relationships.
Relocation in Illinois is defined under 750 ILCS 5/609.2 as moving more than 25 miles from the child’s current residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties within Illinois, moving more than 50 miles from the child’s current residence in other counties within Illinois, or moving more than 25 miles outside the state of Illinois. If the move meets one of these definitions, the relocating parent must obtain consent from the other parent or court approval prior to the relocation.
If you disagree with a proposed relocation, you have the right to object, not sign the notice provided by the relocating parent, or not agreeing to modify the terms of a parenting plan. The relocating parent must then file a motion to request the court’s approval to move. You can then file a formal objection with the court and present evidence demonstrating how the move could negatively impact your child’s relationship with both parents or disrupt their stability.
Illinois courts prioritize the child’s best interests when deciding relocation cases. Key factors include the reasons for the move, the impact on parental relationships, educational opportunities, and the child’s preferences if they are mature enough to express them. Courts aim to ensure the child maintains a strong relationship with both parents while considering the benefits of the relocation.
Parental or court approval is required if the move exceeds 25 miles from your current residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties within Illinois, is more than 50 miles from other Illinois counties within Illinois, or is more than 25 miles from any county outside of Illinois. The relocating parent must send out a notice 60 days prior to relocating. The non-relocating parent can consent to the relocation by signing that notice. If the move is under these distances, formal approval may not be necessary, but it is still recommended to provide the other parent with notice to avoid disputes.
Relocating without proper approval can lead to serious legal consequences, including being held in contempt of court or facing custody modifications. Illinois law allows the non-relocating parent to petition for the child’s return and potentially alter the custody arrangement. To avoid these penalties, parents must follow the legal steps outlined in 750 ILCS 5/609.2.
At SBK Law Group, we understand how emotional and legally complex relocation cases can be. Whether you’re seeking approval for a move or challenging a proposed relocation, our Downers Grove family attorneys can guide you through the process and protect your parental rights.
To discuss your specific custody concerns, please contact our Downers Grove custody attorney at SBK Law Group by calling 630-427-4407 to receive your free consultation. Let us help you protect your family’s future while ensuring your child’s best interests remain the top priority. We represent clients in Downers Grove and throughout Chicago.
