Can a Parent Move With a Child After an Illinois Divorce?

 Posted on August 23, 2026 in Child Custody

Whether it's for a new job or to live closer to family, moving to a new place with your child can be an exciting decision. But when you're divorced and share parenting time with your former spouse, moving is not always as simple as packing up and changing your address.

While Illinois parents can move with their children after divorce, this situation can be considered a legal relocation. When that happens, you may need to notify the other parent and get permission before moving. A Wheaton, IL family law attorney can help you understand what Illinois parental relocation laws mean for your family in 2026.

When Is a Move Considered a Legal Relocation in Illinois?

Illinois does not treat every move as a legal relocation. Instead, the law looks at how far the parent plans to move and where the child currently lives.

Under 750 ILCS 5/600, a move is considered a relocation when:

• A child living in DuPage, Cook, Kane, Lake, McHenry, or Will County moves more than 25 miles to a new home in Illinois.

• A child living in any other Illinois county moves more than 50 miles to a new home within the state.

• A child moves to another state, and the new home is more than 25 miles from the child's current primary residence.

This means that a parent might move to another community without triggering the state's relocation process if the new home is within the 25-mile limit. However, it's important to be aware that even a shorter move can cause issues if it affects an existing parenting plan.

Do You Have to Tell the Other Parent Before Relocating in Illinois?

The parent who is planning a legal relocation generally has to give the other parent written notice at least 60 days before the move. If the parent learns about the move less than 60 days ahead of time, notice should be given as soon as possible.

According to 750 ILCS 5/609.2, the notice should state when the move will happen, the new address, and whether the move will be permanent or temporary. A copy also needs to be filed with the court. The notice requirement gives both parents time to work out what the move will mean for their child and how it affects the current parenting plan.

What Happens if the Other Illinois Parent Does Not Agree to the Move?

A disagreement does not automatically end a parent's plans to move. If the other parent objects, the parent who wants to relocate can ask the court for permission.

The judge will then decide whether allowing the move would be in the child's best interests. The reasons for the move do matter, but they are only part of the picture. A better-paying job may benefit the household, for example, while a much longer drive could make it harder for the child to spend regular time with the other parent.

The court also looks at the child's relationship with each parent, educational opportunities in both locations, extended family, and the child's needs. If the child is mature enough, the judge may consider the child's wishes as well.

How Can Relocation Change Parenting Time in Illinois?

A move that is approved may require changes to the family's parenting plan. A schedule that worked when the parents lived a few minutes apart may no longer make sense when they live much farther away.

Parents can sometimes adjust by changing when parenting time takes place. This could mean that instead of several short visits during the week, the child might spend longer blocks of time with the other parent during weekends and school breaks. The goal is to find an arrangement that works with the new distance while still serving the child's needs.

Should You Talk to an Attorney Before Making Plans to Move in Illinois?

Relocation issues are easier to address before a move has already been scheduled. Making the move official by signing a lease or enrolling a child in a new school before dealing with the legal requirements can make an already difficult situation more complicated.

An attorney can review your parenting plan, determine whether the proposed move qualifies as a relocation, and explain what notice or court action may be required. If the other parent plans to move with your child, an attorney can also help you understand how and when to object.

Contact a Wheaton, IL Parental Relocation Attorney

If you are considering relocating with your child or are concerned about the other parent's plans to move, it is important to understand your options before major decisions are made.

With more than 45 years of combined experience, the attorneys at Smit Zaruba P.C. help Illinois parents handle difficult child custody and relocation matters. Contact our Kendall County family law attorneys to discuss your situation and the next steps for your family. Call 630-480-7600 today to schedule a consultation.