Can I Move Out of State With My Children After a Divorce?

 Posted on March 14, 2025 in Child Custody

After a divorce, you may want to relocate for a new job, to be closer to family, or simply for a fresh start. However, if you have children, moving out of state is not a decision you can make on your own. Illinois law has strict rules about parental relocation, and not following the legal process can have serious consequences. If you are considering an out-of-state move with your children, consulting with a knowledgeable Illinois family law attorney can help you understand your rights and options while ensuring compliance with the law. 

What Does Illinois Law Say About Parental Relocation?

Parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act. This law states that a parent with primary custody has to obtain court approval before moving with a child beyond a certain distance. A move is considered a relocation if it exceeds 25 miles from the child’s current home in Cook, DuPage, Kane, Lake, McHenry, or Will County, 50 miles from the child’s home in any other Illinois county, or out of state if the new home is more than 25 miles away.

How Does the Court Decide Whether to Approve the Move?

If the other parent objects to the relocation, the court will evaluate whether the move is in the child’s best interests. Illinois courts will review several factors when making this determination, including:

• The reason for the relocation and why the other parent objects

• The relationship between the child and each parent

• The educational opportunities available at the new location

• The extended family support at the current and proposed locations

• The impact of the move on the child’s well-being

• Whether the relocation will allow for a reasonable and workable parenting time schedule

The relocating parent must show that the move will benefit the child and is not just for his or her own interests. If the court feels the relocation would harm the child’s relationship with the other parent or negatively impact their well-being, the request may be denied.

What Happens If I Move Without Permission?

Moving out of state with your child without court approval can have serious legal consequences. The other parent may file a motion with the court, and the judge could order you to return the child to Illinois. It could also result in losing primary parenting responsibilities, modifying the parenting plan in favor of the other parent, and contempt of court charges.

How Can I Strengthen My Case for Relocation?

When seeking court approval to relocate with your child, it is essential to present a well-prepared case demonstrating how the move will serve the child's best interests. To improve your chances of obtaining court approval for a move, consider:

• Providing a clear reason for relocating, such as a better job, an improved school district, or closer family support

• Developing a proposed parenting plan that allows the other parent to maintain a strong relationship with the child

• Gathering evidence showing how the move will benefit various aspects of the child’s well-being

• Working with an experienced family law attorney who can help you present a compelling case in court

Contact a DuPage County, IL Child Relocation Lawyer

If you are considering moving out of state with your child after a divorce, you must understand Illinois law and the court process. A Wheaton, IL relocation attorney can help you navigate the legal requirements and advocate for your child’s best interests. To discuss your situation, contact Goostree Law Group today at 630-364-4046 to schedule a free consultation.