There is no question that after a divorce, the lives of the spouses and their children will change significantly. Additional changes may occur in the years to come, and there may be a time when one parent decides to move to a new location that is a significant distance away from the other parent. However, there are restrictions on how a custodial parent may proceed in cases involving parental relocation, and the well-being of a child and the rights of the other parent must be protected. 

Illinois Parental Relocation Laws

While Illinois law no longer uses the term “custody,” the parent with the majority of the parenting time is often referred to as the custodial parent. If this parent decides to move to a new home, may need to seek the approval of the court, and the other parent may argue against the move if it affects their parenting time with a child. 

A parent living in Kane County can only move up to 25 miles from the current living situation without approval from the court. The same goes for Cook, Lake, Dupage, Will, and McHenry Counties. For all other counties in Illinois, a parent may move up to 50 miles away within the state. Interstate moves require approval if they are more than 25 miles from the current home. 

Today’s world is, in many ways, more connected than ever before. Thanks to the rise of digital and online technology, it has never been easier to look for new employment or educational opportunities that may exist far from your current home. For some people, it is also relatively easy to pick up and move to a new city or state in search of a better life, but this is not the case for everyone. If you are divorced, separated, or unmarried and you and your child’s other parent share parental responsibilities, moving to a new area can be rather complicated.

How Far Is Too Far?

The Illinois Marriage and Dissolution of Marriage Act provides that any move that qualifies as a “relocation” must be approved by the court in advance. A relocation is any move by a parent with half or more of the parenting time with the child that exceeds a certain radius from the current home. If you currently live in Kane County—or Cook, DuPage, Lake, McHenry, or Will County—an in-state move of more than 25 miles is a relocation. If you currently live in any other county, a relocation is any in-state move of over 50 miles. Finally, if you live anywhere in Illinois and move more than 25 miles to a new out-of-state home, the move is considered a relocation.

Why Is Approval Needed?

The law requires you to obtain the court’s permission for a relocation to ensure that the rights of your child’s other parent are not being unduly compromised. The other parent—in most cases—has the right to reasonable parenting time with your child and the new geographical distance can present major challenges. Obtaining the court’s approval can be relatively easy if the other parent does not object to your proposed relocation. If you are able to negotiate a new parenting time plan that allows for a continued relationship between the other parent and your child, the move will likely be allowed to proceed. If the other parent does not agree and you still wish to pursue the relocation, you will need to convince the court that move serves your child’s best interests.

In past generations, it was not terribly uncommon for a person to grow up in a given area and to spend the vast majority of his or her life in that same area. This was especially true in financially healthy regions where jobs and educational opportunities were readily available. Today, however, is a different story, as a people are much more likely to move greater distances than ever before. Some move for employment reasons, others for education, and still others just for a change in scenery. While moving is rarely easy, most adults have the freedom to relocate whenever they choose, but for those who are subject to an Illinois parenting plan, there are limits on how far a move can be.

Who Is Affected?

The state of Illinois is invested in looking out for the best interests of children—especially those whose parents have divorced or were never married. Thus, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides specific guidance for parents who wish to move to a new home. The IMDMA states that a parent who has the majority of the parenting time with their child or shares parenting time equally with the other parent must adhere to certain rules when considering a move.

In today’s world, it is not uncommon for a person to seek a fresh start by moving to a new city—sometimes even across the country. This may be particularly appealing after a divorce, as a new beginning may be cathartic in many ways. While the average American has the freedom to move wherever he or she wants at any time, such is not always the case for a divorced parent who shares parenting time of a child with a former spouse.

Rules for Relocating

The state of Illinois has established laws designed to help keep both parents active in the life of their child, even after a divorce. Regarding moving to a new city or state, Illinois law is clear. A parent with at least half of the parenting time of a child may only move with the child within a certain radius of his or her current home before the move is considered a “relocation.” A relocation requires the consent of the other parent or the approval of the court.

Following a divorce or separation, it is not uncommon for one or both former partners to move to a new city or town. Some may be seeking a fresh start or a change of pace, while others may be moving closer to family members and existing support systems. When the divorce or separation involves children, however, the situation can be much more complex, as any significant move is likely to impact custody and visitation arrangements. As you look toward a possible relocation, it is important to understand the steps you may need to take to remain in compliance with applicable laws.

Existing Provisions in the Law

Currently in Illinois, a custodial parent is statutorily permitted to move with his or her child anywhere within the state. While such a move may have a direct effect on an existing custody or visitation agreement, there is nothing in the law to prevent it. Conversely, moving with child to a new location outside of Illinois requires the consent of the other parent or the overriding approval of the court. In granting approval, the court must determine the move to be in good faith and in the overall best interest of the child.