What is Relocation in Illinois?

June 17th, 2024 by Tiffany Hughes

Relocation Pursuant to the Illinois Marriage and Dissolution of Marriage Act

When you have children with someone, you are ensuring that you will be in each other’s lives for at least eighteen years, but usually more – even for the rest of your life. But just because you’re in each other’s lives does not mean you have to remain in physical proximity to them.

Can I move away with kids after a divorce in Illinois?

If you have an opportunity or a good reason to relocate from your current location, you are allowed to pursue it. However, there are rules that must be followed for relocation with a child after a divorce and, if you have the majority of the parenting time with your children, the Illinois Marriage and Dissolution of Marriage Act does not allow you to unilaterally take your children and move too far away from the other parent. Instead, you may need to seek permission from the court to relocate.

 Not every move is considered a “relocation” in the eyes of the court – it depends on your custody agreement, parenting time, where you currently live and where you intend to go. If you have the majority of the parenting time with your children and you live in the Chicagoland area, moving from one county to another may be considered to be relocation even if your new home is within a short drive. However, if you live outside of the Chicagoland area, the requirements are a little bit more relaxed. But it is extremely important to ensure that you are in compliance with the court’s requirements, including providing proper notice of your relocation to the court and your child’s other parent. Without proper notice, the court will not consider your relocation request.

How far can a parent move with shared custody in Illinois?

In Illinois, the Illinois Marriage and Dissolution of Marriage Act allows parents with the majority of parenting time to move with the child without seeking the court’s permission so long as it is less than 25 miles in the counties of Cook, DuPage, Kane, Lake, McHenry, or Will or less than 50 miles in any other county in Illinois. But, is there a limit as to how far can a parent move with shared custody? No, you can relocate to anywhere you want so long as you can show that relocation with a child after a divorce to that location is in the child’s best interest and you get permission from the court. Your relocation with a child after a divorce, if permitted by the court, will also likely result in a custody battle to modify the parenting agreement after a divorce.

Does moving states during a divorce constitute relocation in Illinois?

Moving states during a divorce does not automatically mean relocation. As it is with all relocation with a child, the distance of the relocation is what matters. If you are trying to move to another state, but do not exceed the permitted distance based on the county you are moving from, you can move states with your children during a divorce and do not have to obtain permission from the court or the other parent.

What happens when a parent with visitation relocates in Illinois?

When the court receives proper notice and is faced with a question about whether or not to allow relocation with a child after a divorce, they must consider several factors pursuant to the Illinois Marriage of Dissolution of Marriage Act. Those factors include the reasons for your relocation, the reasons the other party disagrees with the relocation, each party’s relationship with the kids, the education or schooling available at either location, the presence of extended family, and other matters. Most important is the question whether or not you and your child’s other parent can create a workable custody agreement that allows both parents to enjoy a healthy and loving relationship with the child, including parenting time, visits, and whether or not you can encourage that relationship even if you move. It is your responsibility, as the person trying to move, to show that relocation with your child after a divorce is in your child’s best interest.

 As you can imagine, it can be very difficult to properly demonstrate to the court that moving away from a parent is in a child’s best interests and often results in a contentious custody battle, especially if you are moving states during a divorce. You are asking for a major change in the status quo that will change not just your life but your child’s life and the life of their other parent. If you cannot show the court that your move is the best options for all involved, then the court can deny your request for relocation with a child after a divorce. Then you are faced with an awful choice – do I forgo the opportunity I’m reaching for, or do I move away from my child?

If you win the custody battle and are able to relocate, the Illinois court that heard your case may still retain jurisdiction over your court case. That means that any questions regarding the interpretation of your parenting agreement may still be heard in Illinois, even after you move away. You thus must be sure that you are able to return to attend court, or that you have someone who can appear for you – and only an attorney can do that. If no one is in court to represent your position, you could lose parenting time or responsibility. That is why it is incredibly important for you to have a fierce advocate on your side who can walk you through the process and ensure that you put your best argument forward.

Need More Information or Representation?

If you or the other party are thinking of relocation with a child, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping individuals litigate parenting time, custody battles, custody agreements, moving states during a divorce, relocation with a child after a divorce, parenting agreement after a divorce and other complex and contested issues involving the Illinois Marriage and Dissolution of Marriage Act, while protecting their privacy and advocating for their best interests.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.