Moving After a Divorce: Legal Consideration

Moving to a new home can be an exciting fresh start, but for divorced parents, relocating is not always a simple decision. When children are involved, moving after a divorce comes with a layer of legal considerations that cannot be overlooked. Speaking with a divorce lawyer early on can help you understand your rights and responsibilities. In Illinois, specific laws exist to protect the best interests of the child and ensure that both parents maintain a meaningful relationship with their children.

If you are a divorced parent in Illinois thinking about relocating, it is essential to understand the legal steps required before packing up and heading to a new city or even just a new neighborhood. This article walks through the legal landscape of parental relocation in Illinois and outlines what you need to know to stay compliant with the law and protect your parental rights.

Understanding Illinois Law on Parental Relocation

Illinois law clearly defines what constitutes a “relocation” when it comes to divorced parents. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/600), a relocation is more than just a move down the street. It depends on both the distance and the location of the new residence.

Here’s how the law breaks it down:

If the child currently lives in Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County, a move of more than 25 miles from the child’s current home is considered a relocation.
If the child lives in any other county in Illinois, the threshold is 50 miles.
A move out of state is also considered a relocation if it is more than 25 miles from the current residence.

This means not every move is legally significant. For example, moving 15 miles across town usually doesn’t require court involvement. But if you’re moving from the suburbs to another region, or across state lines, you are legally obligated to follow a specific process.

The Legal Requirement to Give Notice

When a move qualifies as a relocation under Illinois law, the relocating parent must provide advance written notice to the other parent. This notice is not just a courtesy, it’s a legal requirement. The law mandates that this notice be given at least 60 days prior to the intended move, unless a shorter timeframe is allowed by the court for good cause.

The written notice must include:

The intended date of the relocation
The address of the new residence, if known
The length of time the relocation is expected to last (if it’s not permanent)

The notice must be filed with the circuit court and delivered to the non-relocating parent. If the non-relocating parent agrees to the move and signs the notice, and the court approves it, then you may be able to proceed without a formal hearing. However, if the other parent does not consent, you will need to seek court approval before moving.

When Court Approval Is Required

Court approval is required when the non-relocating parent objects to the move or refuses to sign the notice. In this case, the relocating parent must file a petition with the court asking for permission to relocate with the child.

The court will then evaluate the proposed move using a “best interest of the child” standard. This involves considering several factors, including:

The reasons for the proposed relocation
A new job, proximity to extended family, or better educational opportunities can all be valid reasons.
The reasons the other parent objects
If the non-relocating parent believes the move will significantly harm their relationship with the child, the court will take this into account.
The history and quality of each parent’s relationship with the child
The educational and emotional impact of the move on the child
The ability to preserve a meaningful relationship with the non-relocating parent
Courts want to ensure that a child can continue a strong relationship with both parents, even after a move.
The wishes of the child (depending on age and maturity)

It’s important to understand that the court isn’t deciding whether the move is good for the parent, it’s about what is best for the child. That distinction is key.

Modifying Parenting Plans

If the court approves the relocation, the next step usually involves modifying the existing parenting plan. This could include changes to the parenting time schedule, transportation arrangements, holiday sharing, and how the parents communicate with the child.

For example, a move that turns weekly in-person visits into monthly ones may require adjustments to maintain balance. Courts often encourage increased virtual communication and longer visits during school breaks to offset the distance. In some cases, the relocating parent may be responsible for covering travel costs.

Both parents have the right to request modifications.Ideally, these changes can be agreed upon and presented to the court for approval. A Chicago Uncontested Divorce Lawyer can assist with modifying your parenting plan smoothly and without conflict. If not, the court will make a decision based on what serves the child’s best interests.

Tips for Co-Parenting Through a Move

Relocation is rarely easy, especially when parenting time is on the line. However, there are ways to navigate this transition more smoothly.

Start the conversation early
Give the other parent as much advance notice as possible, even before the 60-day requirement. This shows respect and gives everyone more time to adjust.
Be honest and transparent
Share your reasons for the move, and be open about your plans. If the other parent understands the benefits, they may be more likely to agree.
Put the child first
Children thrive on stability and consistency. Focus the conversation around how the move will affect them, not just your own goals.
Consider mediation
If you’re struggling to reach an agreement, a neutral third party can help resolve conflicts without a court battle.
Document everything
Keep a record of all communications, notices, and attempts to cooperate. This can be valuable if legal proceedings become necessary.

Consequences of Moving Without Legal Compliance

Failing to follow the proper legal steps can have serious consequences. Illinois courts take relocation laws seriously, and a parent who moves without following the process could face:

Being held in contempt of court
This can result in fines, legal fees, or even jail time in extreme cases.
Loss of parenting time or custody
The court may modify the parenting plan to give the other parent more time or even grant them primary physical custody.
Damage to your credibility
Courts want to see that parents can follow orders and act in good faith. Bypassing the law can undermine your case in future hearings.

If you’re unsure whether your planned move qualifies as a relocation, consult an experienced Family Law Attorney to make sure you’re following Illinois law properly. Getting legal guidance early on can prevent costly mistakes down the road.

Conclusion

Relocating after a divorce can feel like a second chance but for parents in Illinois, it also means navigating a detailed legal process designed to protect children and parental rights. Whether you’re moving for a new job, family support, or simply a change of scenery, it is vital to follow the proper procedures before making your move.

Start by understanding whether your move qualifies as a relocation under Illinois law. Give timely notice, seek court approval if needed, and be prepared to adjust your parenting plan. Most importantly, keep the focus on what’s best for your child.

By staying informed and cooperative, you can make the transition smoother for everyone involved and move forward with confidence.

We hope you found this blog post on Moving After Divorce: Legal Considerations for Parents in Illinois, useful. Be sure to check out our post 5 Preparations That Will Help You Sell Your Home Faster for more great tips!