After a separation or divorce involving children, Illinois law restricts when a parent who has been awarded primary custody can relocate. Moving does not constitute “relocating” in all circumstances, but when it does, strict rules and requirements apply.

Relocation Checklist: What Divorced and Separated Parents in Illinois Need to Know

So, when can you relocate, and what do you need to do before relocating? Here is an overview of what divorced and separated parents in Illinois need to know:

Do You Have Primary Custody?

Illinois’s restrictions on relocation only apply to parents who have primary custody (or, in legal terms, “who ha[ve] been allocated a majority of parenting time”). If you do not have primary custody, you are generally free to relocate at any time.

With that said, parents who have equal or less-than-equal parenting time must still comply with the terms of their custody order or parenting plan—and it must still be feasible to share parenting time as their order or plan specifies. As a result, parents who do not have primary custody may need to seek a modification before relocating as well.

Are You “Relocating”?

Illinois law specifies when a custodial parent is “relocating” as opposed to simply “moving.” Under the law, a move constitutes a relocation in each of the following circumstances:

  • Moving More Than 25 Miles – “[A] change of residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence, as measured by an Internet mapping service using surface roads.”
  • Moving More Than 50 Miles – “[A] change of residence from the child’s current primary residence located in a county not listed [above] to a new residence within this State that is more than 50 miles from the child’s current primary residence, as measured by an Internet mapping service using surface roads.”
  • Moving Out of Illinois – “[A] change of residence from the child’s current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence, as measured by an Internet mapping service using surface roads.”

The requirement to use “surface roads” when measuring the distance of a move means that the focus is on driving distance, not geographical distance in a straight line. The law specifies that if there are multiple routes between a parent’s current residence and the residence where they want to move, “the shortest distance shall be used.”

Have You Provided the Required 60-Day Notice?

A parent who has primary custody and who is seeking to relocate must generally provide 60 days’ advance written notice to the other parent. The parent seeking to relocate must also file a copy of this notice with the appropriate court. Among other things, this notice must include:

  • The date of the proposed relocation.
  • The address where the parent is intending to relocate (if known); and,
  • The duration of the relocation (if the parent is not moving permanently).

The law provides an exception for cases in which providing 60 days’ advance written notice would be “impracticable.” In these cases, parents who are seeking to relocate must provide notice “at the earliest date practicable.”

Is Your Former Spouse or Partner Willing to Agree?

Once one parent provides notice of plans to relocate, there are two possible paths: (i) the parents can agree to the relocation (and any necessary modifications to their parenting plan); or (ii) the parent who is not relocating can object to the relocation. If the parents agree, then “relocation shall be allowed without any further court action,” and “[t]he court shall modify the parenting plan . . . to accommodate a parent’s relocation as agreed by the parents, as long as the agreed modification is in the child’s best interests.”

Can You Show that the Relocation is in Your Children’s “Best Interests”?

When divorced or separated parents cannot agree on a proposed relocation, the parent seeking to relocate must seek approval from the appropriate court. As stated in the Illinois Compiled Statutes, in this scenario:

“[T]he parent seeking relocation must file a petition seeking permission to relocate. . . . The court shall modify the parenting plan or allocation judgment in accordance with the child’s best interests.”

Just like establishing an original parenting plan, when evaluating relocation requests, the Illinois courts consider several factors to determine what is in a child’s best interests. These “best interests factors” include (but are not limited to):

  • The reason for the desired relocation;
  • The circumstances of the desired relocation;
  • The history and quality of each parent’s relationship with the child;
  • Educational opportunities in both locations.
  • Proximity to extended family at both locations;
  • The expected impact of the relocation on the child, and
  • “[W]hether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs.”

Again, this list is not exclusive. Among other factors, the Illinois courts will also consider a child’s wishes, “taking into account the child’s maturity and ability to express reasoned and independent preferences.” As with all custody-related matters, seeking input from a couple’s child or children is a sensitive matter that requires a delicate and knowledgeable approach.

What If a Parent Secretly Relocates (or Relocates Without Agreement or Approval)?

Those are Illinois’s basic requirements for relocating with a child after a separation or divorce. Now, what happens if a parent relocates without doing what is required?

This is a serious situation that requires prompt action. If your former spouse or partner has relocated with your child without your agreement and without court approval, you should discuss your legal rights with an experienced child custody attorney as soon as possible.

Schedule a Confidential Consultation with Lake County Child Custody Attorney Deanna J. Bowen

If you need to know more about Illinois’s requirements for relocating with your child after a separation or divorce, we invite you to get in touch. Call 847-306-3204 or contact us online to schedule a confidential consultation with Lake County child custody attorney Deanna J. Bowen today.