Can I move with my child(ren)? What is relocation in the eyes of the Court mean?

November 13th, 2023 by Tiffany Hughes

At The Law Office of Tiffany M. Hughes, one of the top Chicago family law firms, it is of the utmost of importance to us to ensure that our clients are aware of the multitude of possibilities available to them under the law. A reoccurring theme in recent years amongst divorced parents is wondering whether or not a parent can relocate with their child(ren) to a new residence after their divorce has been finalized.  This answer is never easy, but the short answer is: it depends.

Not every move is considered a “relocation” in the eyes of the court – it depends on where you currently live and where you intend to go. If 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 are 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.

What does Illinois Law say about relocating with your child(ren)?

Under section 609.2(h) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a parent may need to seek court approval to relocate with a minor child, absent an agreement of the parties.  In general, if a parent seeks to move less than 25 miles from their current residence, and that parent has majority of parenting time with said child(ren), Court permission is not required.  However, if the new residence is greater than 25 miles from the child’s current residence, and the other parent does not agree to the relocation, Court approval must be granted.

Prior to filing a Petition for Relocation with the Court, the parent seeking to relocate must provide notice to the other parent, no less than sixty (60) days prior to the date in which the party intends to relocate, in order to allow ample time for the non-moving parent to agree or disagree with the move.  If the non-moving parent is in agreement, the parties simply sign a consent for the relocation and file the same with the Court.  However, if the non-moving parent refuses to sign the written notice of the relocation, the parent seeking relocation must file a petition for permission to relocate with the Court.

The issue of allowing the relocation of a minor child is never easy for the Court.  In general, the Court understands the importance of maintaining stability for the child(ren) and the desire of both parents spending ample parenting time with their child(ren).  Often times allowing a relocation hinders the ability for parenting time to occur, especially if one parent is seeking to relocate out of state.  However, when deciding whether or not to grant a Petition for Relocation, the Court is required to assess and balance a number of factors, including but not limited to the circumstances and reasons for the intended relocation, why a parent is objecting to the intended relocation, the history and quality of each parent’s relationship with the child, whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment, how the parents parenting time will be effected if the relocation is granted, and overall, what is in the child’s best interest. This decision is often very difficult for the Court, and is very specific to the overall facts of each case.

Contact The Law Office of Tiffany M. Hughes, P.C. today for more information.

For more information on how the family law Attorneys at The Law Office of Tiffany M. Hughes, P.C. can  help you through the legal process of relocating with your child in Cook, Will, Lake, DuPage, McHenry, Kane, Kendall, and surrounding counties, contact us via email at TiffanyHughes@thugheslaw.com or call us to schedule your complimentary phone consultation today at 773-893-0228.

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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.