What Happens When One Parent Wants to Relocate After Divorce?

Life after divorce often brings new opportunities, and sometimes that means a chance to relocate for a new job, be closer to family, or simply start fresh. For parents, however, moving a significant distance with a child involves complex legal considerations that must be handled with care. A potential move raises important questions about parental responsibilities and parenting time, and Illinois law has specific procedures to address these situations.

An understanding of the legal landscape is the first step in the process. Key points to consider include:

• Illinois Law Requirements: Specific rules govern how and when a parent can relocate with a child.
• The Child’s Best Interests: The court’s primary focus will always be the child’s well-being.
• The Impact on Co-Parenting: A move will fundamentally change the existing parenting plan and schedule.
• The Need for Agreement or Court Approval: A parent cannot simply move without the other parent’s consent or a court order.

At Corri Fetman & Associates, Ltd., we provide the strategic guidance needed to navigate these sensitive matters, always aiming to protect your parental rights and your child’s best interests.

What Constitutes a “Relocation” in Illinois?

Under Illinois law, a “relocation” is defined as a move that meets specific distance criteria. If you have the majority of parenting time or equal parenting time, you must get the other parent’s permission or a court order to:

• Move more than 25 miles from your current home to a new residence within Illinois.
• Move more than 50 miles from your current home to a new residence in a different state.
• Move more than 25 miles from your current home to a different state if you live near a border (e.g., in Cook County).

Failing to follow these legal requirements can have serious consequences.

What Factors Does the Court Consider?

If the non-relocating parent objects to the move, the parent wanting to relocate must file a petition with the court. The judge will then hold a hearing to determine if the move is in the child’s best interests. The court does not give preference to either parent; instead, it evaluates a series of factors to make its decision.

These factors include:

• The reasons for the proposed relocation.
• The reasons for the other parent’s objection.
• The history and quality of each parent’s relationship with the child.
• The educational opportunities available at both locations.
• The presence of extended family in both locations.
• The impact the move would have on the child.
• The ability to create a realistic and reasonable parenting time schedule for the non-relocating parent.

How Can Relocation Affect Parenting Arrangements?

A relocation inevitably requires a significant modification of the existing parenting plan. The previous schedule for parenting time is no longer practical, so a new arrangement must be created. This often involves granting the non-relocating parent longer blocks of parenting time during school breaks, summer vacations, and holidays to compensate for the loss of regular weekend or midweek visits. The new plan may also include detailed provisions for transportation costs and virtual communication, such as video calls, to help maintain a strong parent-child bond.

Contact Us

Whether you are the parent seeking to move or the one objecting to it, having an experienced attorney is crucial. At Corri Fetman & Associates, Ltd., we develop a tailored legal strategy for your unique situation, ensuring you are prepared and your rights are protected. We provide the direct, no-nonsense counsel you need to make informed decisions with confidence.

If you are facing a potential relocation, contact us today to schedule a confidential consultation. Let us provide the support and guidance your family deserves.