Illinois Law and Parental Relocation After Divorce

 Posted on May 16, 2025 in Divorce

Parental relocation directly impacts the allocation of parental responsibilities, making it a complex topic that can cause tension between co-parents. Moving out-of-state, or even a significant distance within the state, after divorce requires careful consideration and an understanding of the legal requirements. Consider some elements of the legal process and how the court decides to approve or deny relocation. Then, talk to an experienced Naperville, IL parental relocation attorney about your case.

What Does Illinois Law Say About Relocating With a Child After Divorce?

Parental relocation refers to a parent moving with a child to a residence outside the state or beyond a certain distance from their current location. For most of Illinois, any distance over 50 miles would constitute relocation, but in certain counties, including DuPage, Cook, Kane, McHenry, Lake, and Will, more than 25 miles is considered relocation.

According to Illinois law, a parent who has the majority of parenting time or equal parenting time can request to relocate with the child. When the parent who wishes to relocate has the majority of parenting time, they are obligated to give notice to the other parent and, typically, they will have to obtain court approval.

The Notice Requirement for Parental Relocation in Illinois

If you need to notify your co-parent of the relocation formally, you must do so in writing at least 60 days before you move to give them time to review your proposal. If they agree, they can sign the notice, and a court hearing will not be necessary. If they object to the relocation, you will need a court hearing to resolve the dispute.

What Factors Influence the Court’s Decision About Parental Relocation in Illinois?

Assuming your co-parent objects to the relocation proposal and your case moves to court, you would benefit from seeking legal counsel. Your attorney will walk you through court considerations as they apply to your case. Keep in mind that the judge’s primary concern is your child’s best interests. Therefore, some factors they will consider include:

• How the move will impact your child’s relationship with the parent who is not relocating

• The quality of education and opportunities available to your child in the new location

• The reason for the relocation, such as a job opportunity or lower cost of living

• If the move will impact relationships with extended family who play an important role in the child’s life

• Whether the child has a preference in the matter, and if they are mature enough to express it

There may be other factors in your situation that are relevant to the court. Your attorney can offer a more comprehensive understanding of how your argument may play out in court.

Contact a Naperville, IL Parental Relocation Attorney Today

Requesting relocation with your child is reasonable, but the court does not always allow it. Each case is assessed with fresh eyes, applying the relevant laws but considering the unique circumstances of your situation. To better understand how the court may address your case, call 630-352-2240 to schedule your free consultation with a knowledgeable DuPage County, IL parental relocation lawyer at Pesce Law Group, P.C. today.