Do I Need My Ex’s Permission To Move With the Kids in Illinois?

 Posted on June 17, 2025 in Child Custody and Support

Being a parent does not mean that you cannot move whenever you want. No one can stop you. However, if you want to move with your child, and you are no longer in a relationship with their other parent, you may need to take the issue to court. Parental relocation can be a contentious subject. Consider how Illinois law handles it and reach out to an experienced Kane County family law attorney to find out how the laws apply to your case.

Illinois Rules on Relocation and Parental Responsibilities

Under Illinois law, the term "parental responsibilities" is used like the word "custody." It refers to decision-making obligations and parenting time associated with legal and physical custody. When a parent who has equal or majority parenting time wants to move with their child, Illinois’s rules regarding parental relocation apply.

Parental relocation refers to moving a child’s primary residence outside the state of Illinois and over 25 miles from their current residence, or moving within the state but more than 50 miles from their current residence. The 50-mile rule does not apply if the child’s residence is in DuPage, Kane, Cook, Will, Lake, or McHenry counties, where the rule is 25 miles from their current residence.

Notification Requirements Before You Relocate

According to the Illinois statute on parental relocation, a parent who qualifies to relocate with the child must provide the other parent with a minimum 60-day written notice before the move. In certain cases, a judge may rule that the 60 days is unreasonable. The notice has to mention the intended move date, the new address, and how long the relocation is expected to last.

Changes to the Parenting Plan When a Parent Moves

Typically, if you are moving a significant distance away, it will impact your parenting plan. In Illinois, you cannot modify your parental responsibilities order without providing evidence of a substantial change in circumstances, and relocation qualifies. Therefore, you may need to modify the existing visitation schedule. The process of modification will go much more smoothly if the other parent agrees to the relocation and changes.

Court Considerations Regarding Relocation Requests in Illinois

Illinois law requires the court to make decisions regarding child custody based on what is in the child’s best interest. Therefore, when considering a relocation request, some factors the judge will take into account include:

• The reason for the planned relocation

• Why the other parent objects to the relocation, if they do

• The impact the relocation will have on the child

• The type of relationship the child has with each parent

• How the educational opportunities for the child compare in both locations

• How to minimize any potentially negative effects of the move

• How the child feels about the relocation, if they are older

Any unique circumstances related to your case are also taken into consideration.

Talk to a Kane County, IL Child Custody Attorney Today

Disputes between parents over relocating with a child can be stressful. Ideally, you would be able to work out an agreement together or have already addressed the terms for relocation in your parenting plan. However, sometimes, litigation is the only way. If you have questions about your case, the Geneva, IL parental relocation lawyer at The Law Offices of Douglas B. Warlick & Associates will fight to ensure your rights as a parent are protected to the full extent of the law. Call 630-232-9700 today to schedule your initial meeting.