Relocating with a Child in Illinois: What Parents Need to Know
After a divorce or allocation of parental responsibilities, moving with a child isn't always as simple as packing up and relocating. Under Illinois law, a parent with the majority of parenting time—or parents with equal parenting time—must follow specific legal requirements before relocating with a child.
Illinois defines a "relocation" based on the distance of the move. Generally, a relocation includes:
A move of more than 25 miles from a child's current residence in Cook, DuPage, Kane, Lake, McHenry, or Will County;
A move of more than 50 miles from a child's current residence in any other Illinois county; or
A move of more than 25 miles to a residence outside of Illinois.
If the proposed move qualifies as a relocation, the relocating parent must provide the other parent with at least 60 days' written notice, when practicable, and file that notice with the court. If the other parent agrees and signs the notice, the court can modify the parenting plan accordingly. If the other parent objects, the relocating parent must file a petition asking the court for permission to relocate.
When deciding whether to allow the relocation, the court's primary consideration is the best interests of the child. The judge will evaluate several factors, including the reasons for the move, the impact on the child's relationship with each parent, educational opportunities, family support, and whether a reasonable parenting schedule can be maintained.
Relocation cases can be complex and highly fact-specific. If you are considering moving with your child—or have been notified that the other parent intends to relocate—consulting with an experienced family law attorney early in the process can help protect your rights and your child's best interests.
Kreke Smith, LLC is here to help parents navigate relocation disputes and other family law matters with knowledgeable and compassionate representation.