After a divorce, starting over can feel like a fresh start, and sometimes that means wanting to move to a new place. Whether it’s for a new job, to be closer to family, or simply to build a new life, relocating might feel like the right next step. But if you have children and share parenting time with your former spouse, moving isn’t just a personal decision; it’s a legal one, too.
In Illinois, relocation laws are designed to protect the best interests of the child. That means if you’re a parent who wants to move, especially a significant distance away, you’ll likely need more than just a moving truck.
What Counts as Relocation in Illinois?
Under Illinois law, a move is considered a “relocation” when:
- You move more than 25 miles from your current home if you live in Cook, DuPage, Kane, Lake, McHenry, or Will County.
- You move more than 50 miles from your current home if you live in any other Illinois county.
If your move fits one of these definitions and you have at least equal or majority parenting time, you’ll need to follow specific legal steps before packing your bags.
You Can’t Just Move—Here’s Why
Illinois requires you to give the other parent written notice of your intent to relocate at least 60 days in advance (unless it’s not possible, in which case you must give notice as soon as you can). This notice must include:
- The date of the move
- The address of your new residence (if known)
- Whether the move is permanent or temporary
If the other parent agrees and signs the notice, you’ll file it with the court, and in many cases, that’s all you need.
But if the other parent objects or you can’t come to an agreement, you’ll need to file a petition asking the court to allow the relocation. This turns the move into a court matter, and a judge will consider what’s in the child’s best interest, not just your personal reasons.
What Will the Court Consider?
The court won’t automatically say yes or no. Instead, a judge will look at several factors, including but not limited to:
- The reason for the move
- The other parent’s reasons for opposing it
- The relationship between the child and each parent
- The educational and emotional opportunities at both locations
- Whether a new parenting time schedule can preserve a strong relationship with both parents
You’ll need to show that the move will improve the child’s life, not just yours.
Plan Ahead and Be Realistic
If you’re considering a move, especially one that takes you a significant distance away from your co-parent, start by speaking with a family law attorney. Planning ahead gives you time to prepare your notice, speak with your former partner if appropriate, and create a realistic parenting plan that puts your child first.
Relocation after divorce is never just about changing your address. It’s a legal process that involves careful planning, open communication, and most importantly, a focus on what’s best for your child.
Considering a move? Contact Sterk Family Law to discuss your options and make sure you’re following the right steps to protect your parenting rights and your child’s well-being.