Your divorce is finalized. You have a job offer with a three-week start date. Or family in another state who can help with childcare. Or you simply cannot stay in this city another day. Can you pack up and go?
Not without following Illinois relocation law. Even with your divorce decree in hand, moving with your child requires either your ex’s written agreement or court approval. The statute on relocation requires a minimum of 60 days’ notice to the other parent. Absent an agreement with the other parent, the process of achieving court approval can take potentially several months.
Anderson Boback & Marshall has handled complex child relocation cases throughout Cook, DuPage, Lake, and Will counties for over 20 years. We’ve secured Court approval for parents with urgent career opportunities, successfully opposed moves that would have separated children from their support systems, and negotiated agreements that preserved both parents’ relationships with their children.
Here’s what you need to know about timing your move, building the strongest possible case, and avoiding the mistakes that cost parents in a relocation case.
Illinois Relocation Law: Why You Can’t Move Immediately After Divorce
Illinois law (750 ILCS 5/609.2) requires parents with majority or equal parenting time to provide 60 days’ written notice before relocating with a child. This applies regardless of when your divorce was finalized.
Your notice must include:
- Intended move date
- New address (if known)
- Reason for the relocation
- Whether the move is temporary or permanent
You must also file a copy with the court.
What Qualifies as Relocation
| Your Current County | Distance That Triggers Notice |
| Cook, DuPage, Kane, Lake, McHenry, Will | More than 25 miles |
| All other Illinois counties | More than 50 miles |
| Any Illinois county moving out of state | More than 25 miles from current home |
If your move falls below these thresholds, formal notice isn’t required. But your parenting plan still controls, and you must maintain your parenting time schedule.
Review Check Your Illinois Parenting Plan for Relocation Restrictions
Your Allocation Judgment (parenting plan) may include relocation provisions beyond what the statute requires. Some agreements specify:
- Different notice periods
- Restricted geographic areas
- Automatic modification triggers
- Pre-agreed visitation schedules for long-distance parenting
These provisions may control over the statute. If your plan says you need 90 days’ notice or prohibits moves beyond a certain radius, those terms are binding.
Why This Matters for Strategic Planning
Parents who addressed relocation during divorce negotiations often have more flexibility post-decree. If you’re still in the divorce process and know you might need to relocate, this is the time to negotiate favorable terms.
Anderson Boback & Marshall routinely includes relocation provisions in parenting plans that anticipate future moves, reducing the chance of contested petitions later.
After You Give Relocation Notice: Two Paths – Agreement or Objection
Once you provide notice, one of two things happens:
Path One: The Other Parent Signs (Fastest Option)
If your ex signs the notice agreeing to the move, you file it with the court and you’re done. The court modifies your parenting plan to accommodate the relocation, and you can move after 60 days.
No petition. No hearing. No fighting over evidence.
Path Two: The Other Parent Objects (Prepare for Battle)
If your ex refuses to sign or files an objection, you must file a petition for relocation. The court holds a hearing where you prove the move serves your child’s best interests.
Timeline for contested cases:
- 2-4 months from petition to hearing in most Illinois counties, depending on the Court’s availability
- Longer in high-conflict cases requiring multiple court dates
- Add time for appeals if the losing party contests the decision
This is where strategic preparation during your divorce pays off. The evidence you preserve, the documentation you maintain, and the parenting time history you establish all become ammunition in your relocation case.
Plan for Future Relocation During Your Illinois Divorce
Smart parents start building their relocation case before the divorce is even final.
Document Your Co-Parenting Efforts
Courts favor parents who facilitate the other parent’s relationship with the child. Start creating a paper trail now:
- Text confirmations when you offer extra parenting time
- Calendar records showing you accommodate the other parent’s schedule
- School and activity communications where you keep the other parent informed
- Photos and videos you share regularly
If you end up in a contested relocation hearing, this evidence shows you’re committed to maintaining both parent’s relationships with the child.
Track the Other Parent’s Involvement
Illinois courts are more likely to approve relocation when the non-relocating parent hasn’t consistently exercised parenting time.
Keep records of:
- Missed parenting time (with reasons if provided)
- Last-minute cancellations
- School events and activities they attended or skipped
- Decision-making participation on education, medical, and extracurricular matters
This isn’t about being vindictive. It’s about presenting accurate evidence if the court needs to evaluate each parent’s role in the child’s life.
Build Your Relocation Rationale Early
Don’t wait until you give notice to start documenting why the move makes sense:
- Job offers: Get written offers with salary, benefits, start dates
- Family support: Document who will help with childcare, their relationship to your child, their availability
- Educational opportunities: Research schools at the new location, compare test scores and programs
- Cost of living: Show how the move improves your financial stability. Will you receive other benefits through your new employment? Make sure to document those as well
- Extended family: Establish existing relationships between your child and relatives at the new location
The stronger your documentation, the harder it is for your ex to claim the move is impulsive or not in the child’s best interests.
Emergency Relocation in Illinois: When You Can Skip the 60-Day Rule
Life doesn’t always cooperate with legal timelines. What do you do when you need to relocate due to an emergency?
The “Impracticable Notice” Exception
The statute allows notice “at the earliest date practicable” if 60 days isn’t possible. But courts scrutinize shortened timelines carefully.
Situations where courts have accepted expedited notice:
- Job offers with firm start dates received less than 60 days before employment begins
- Family medical emergencies requiring immediate caretaking
- Safety concerns involving domestic violence or credible threats
- Military deployment with mandatory relocation orders
What doesn’t work:
- “I already signed a lease” (you acted prematurely)
- “I didn’t know about the 60-day rule” (ignorance of law isn’t an excuse)
How to Present an Emergency Relocation Case
If you genuinely cannot wait 60 days:
- Give notice immediately with a detailed explanation of why the standard timeline is impossible
- File your petition simultaneously to get an earlier date with the court
- Request an expedited hearing with supporting evidence of urgency
- Propose interim arrangements such as increased parenting time for the other parent during the transition
In a recent case, Anderson Boback & Marshall secured court approval for a mother’s 30-day relocation when she received an executive-level job offer with a non-negotiable start date. The key was demonstrating the opportunity was unexpected, the timeline was immovable, and we proposed a comprehensive child visitation plan that maintained the father’s relationship with the children.
How to Get Agreement From the Other Parent on Illinois Relocation
Getting your ex to sign the notice is infinitely easier than winning a relocation court battle. Here’s how to maximize your chances.
Lead With the Benefits to Your Child
Frame the conversation around what your child gains, not what you want:
- Better schools with programs aligned to their interests
- Proximity to grandparents or cousins they’re close to
- Financial stability that reduces stress and improves quality of life
- Safe neighborhood with better resources
Propose a Realistic Parenting Schedule
Don’t insult the other parent with token visitation. Propose meaningful time:
- Summer breaks: 4-6 weeks of consecutive parenting time
- School breaks: Alternating Thanksgiving, winter break, spring break
- Holidays: Rotating major holidays with travel accommodations
- Long weekends: Monthly extended weekends during school year
- Virtual contact: Daily or near-daily video calls
Address the Practical Concerns Upfront
Anticipate objections and solve them before they become dealbreakers:
Transportation costs:
- Offer to handle all transportation for the first year
- Propose cost-sharing based on income percentages
- Suggest meeting halfway for exchanges
Work schedules:
- Propose flexible dates to accommodate the other parent’s work
- Offer makeup time if they can’t make a scheduled visit
- Build in extra time during summer when schedules are more flexible
Communication and involvement:
- Share school portal access and medical records
- Commit to regular updates on activities and milestones
- Facilitate virtual attendance at school events
You may also benefit from reviewing our article :
How to Win a Relocation Custody Case on Illinois
Filing a Relocation Petition in Illinois: When the Other Parent Objects
Some exes will never agree no matter how reasonable your proposal. High-conflict situations require different strategies.
The 11 Best Interest Factors Courts Evaluate in a Child Relocation Request
Under 750 ILCS 5/609.2, judges consider at least the following best child’s best interest factors:
- Circumstances and reasons for relocation (your job, family support, fresh start)
- Reasons for the other parent’s objection (legitimate concern vs. control)
- History and quality of each parent’s relationship with the child (who’s been consistently involved)
- Whether either parent failed to exercise parenting responsibilities (documented no-shows)
- Educational opportunities at both locations (school quality, special programs)
- Extended family at both locations (meaningful relationships vs. distant relatives)
- Anticipated impact on the child (disruption vs. benefits)
- Whether a reasonable parenting schedule is possible (driving distance, flight availability)
- Child’s wishes (age and maturity dependent)
- Minimizing impairment to parent-child relationships (quality time despite distance)
- Any other relevant factors (financial stability, housing, community ties)
Evidence That Wins Relocation Cases
Based on Anderson Boback & Marshall’s two decades handling these cases, judges respond to:
Documented employment evidence:
- Written job offer with salary and benefits
- Comparison showing income increase
- Explanation of career advancement this opportunity provides
- Consequences of declining the offer
School comparison data:
- Test scores, graduation rates, college placement
- Specific programs matching your child’s needs or interests
- Class sizes and student-teacher ratios
- Extracurricular offerings
Family support specifics:
- Names and relationships of family at new location
- Existing bond between child and these relatives
- Concrete ways they’ll be involved (childcare, activities, emotional support)
Parenting time history:
- Calendar showing your consistent exercise of parenting time
- Documentation of other parent’s missed or cancelled time
- Records of your facilitation of the other parent’s relationship
- Communication logs showing your cooperation
Proposed parenting plan:
- Detailed schedule with specific dates and times
- Transportation arrangements and cost-sharing
- Virtual contact frequency and methods
- How you’ll maintain other parent’s involvement in decisions
Common Mistakes That Tank Relocation Petitions
We’ve seen parents lose winnable cases because of preventable errors:
Moving before approval: The fastest way to lose custody is relocating without permission. Courts view this as contempt and evidence you won’t follow orders.
Vague or unrealistic visitation proposals: “The other parent can visit anytime” isn’t a plan. Judges want specifics.
Badmouthing the other parent: Saying the other parent isn’t involved is different from calling them a deadbeat. Stick to facts.
Failing to address the child’s connections: If your child has a great school, close friends, and involved grandparents in Illinois, acknowledge this and explain how the benefits of the move outweigh these losses.
Weak employment evidence: “I might be able to get a job there” won’t cut it. You need concrete offers with real numbers.
Managing the Logistics While You Wait for Your Relocation Petition
Even if everything goes smoothly, you’re looking at 60 days minimum. More likely 2-4 months if there’s an objection. Here’s how to plan.
Coordinate Employment Start Dates
Best case scenario: Negotiate a start date at least 90 days out to allow for the legal process.
If your employer won’t wait:
- Move alone and commute back for parenting time until approval comes
- Request remote work for the first 2-3 months
- Negotiate a delayed start for your child’s enrollment while you establish residency
School Enrollment Timing
Most Illinois schools finalize enrollment in late July or early August. If your move gets approved in mid-summer, you’re cutting it close.
Strategic approaches:
- File your petition in March-April for summer moves
- Have backup plans for remote learning if approval comes after school starts
- Consider whether finishing a semester in Illinois makes sense
- Research enrollment deadlines at your destination early
Housing Decisions
Do not sign a lease or purchase a home until you have:
- Signed agreement from the other parent, OR
- Court order approving your relocation
If you need to start looking at housing:
- Make offers contingent on court approval
- Explain your situation to landlords or sellers
- Look for month-to-month options if you’re uncertain about timing
- Keep your current housing until the legal process is complete
Preparing Your Child for the Transition in a Relocation
The court cares about your child’s adjustment. Show you’ve thought this through.
Age-Appropriate Communication
Young children (under 8): Focus on concrete details about the new home, their room, nearby parks. Avoid overwhelming them with reasons or timeline uncertainty.
School-age children (8-12): Be honest about the move, acknowledge their feelings about leaving friends, emphasize how they’ll stay connected with the other parent.
Teenagers (13+): Their opinions carry weight in court. Have frank conversations about the pros and cons. If they’re opposed, understand why and address their concerns.
What Not to Say
Avoid putting your child in the middle:
- Don’t blame the other parent if they’re opposing the move
- Don’t make promises about the move before it’s approved
- Don’t ask them to tell the judge they want to move with you
- Don’t disparage their relationships in Illinois
Maintaining the Other Parent’s Bond
Courts want to see you’ll facilitate the relationship despite distance:
- Set up regular video calls before the move
- Show your child how they’ll stay connected
- Involve the other parent in planning the transition
The Serious Consequences and Penalties of Child Relation Without Permission in Illinois
Some parents calculate the risk and decide to move first and deal with consequences later. This is always a mistake.
What the Illinois Court Will Do When You Relocate without Approval?
If you relocate without approval:
- Immediate return order: The court can order you to return the child to Illinois within days
- Contempt finding: You can face fines, attorney fee awards, or jail time
- Custody modification: The other parent can petition for majority parenting time based on your violation
- Parental kidnapping charges: In extreme cases, criminal charges are possible
Illinois Maintains Jurisdiction
Illinois courts keep jurisdiction over children who lived in the state for six consecutive months. Even if you establish residency elsewhere, if your ex-partner files an enforcement action within six months, Illinois can order the child returned.
Real Case Example
In 2023, Anderson Boback & Marshall represented a father whose ex-wife moved their children to Florida without notice or approval. We filed an emergency petition, and within three weeks, the court ordered the children’s immediate return to Illinois. The mother lost primary parenting time, was held in contempt, and had to pay the father’s attorney fees.
The consequences are severe because courts view unauthorized relocation as direct defiance of court authority and evidence of unwillingness to co-parent.
Relocation in High-Conflict Custody Cases: Strategy that Works
Some parents face exes who will object regardless of how reasonable the move is. High-conflict situations need different approaches.
Anticipating Bad Faith Objections
If your ex has a history of using the children to control or punish you, document:
- Pattern of false allegations
- History of court violations they’ve committed
- Evidence of parental alienation attempts
- Financial motivation for keeping you in Illinois (child support leverage)
Depositions and Discovery
In contested relocations, your attorney may need to:
- Depose the other parent about their real reasons for objecting
- Subpoena employment records showing they can accommodate modified parenting time
- Request communication records showing their involvement (or lack thereof) in the child’s life
- Hire a guardian ad litem or child representative for high-stakes cases
Expert Witnesses
Complex cases may require multiple expert witnesses:
- Child psychologists to evaluate the impact of the move on your child
- Vocational experts to verify your employment need
- Educational consultants to compare school quality
- Parenting coordinators to facilitate long-distance co-parenting plans
Anderson Boback & Marshall has a network of experts we work with regularly in relocation cases where the stakes justify the investment.
Why This Is Not a DIY Situation: Why You Need an Attorney for Illinois Child Relocation Cases
You can technically file relocation paperwork yourself. But contested relocation cases require strategic legal expertise.
What Experience Brings to Your Case
We know the judges: Cook, DuPage, Lake, and Will County family court judges have different priorities and preferences. We know what each judge weighs most heavily.
We know the case law: Recent Illinois Supreme Court and Appellate Court decisions have shaped how relocation factors are applied. We cite these cases strategically.
We know how to present evidence: The difference between “I have a job offer” and persuasive employment evidence with financial projections is what wins cases.
We know when to settle: Sometimes negotiating a delayed move or modified schedule gets you where you need to go without the risk and expense of trial.
Red Flags That You Need an Attorney Now
- The other parent has already said they’ll fight the move
- Your move is out of state or international
- You need to move in less than 60 days
- Your ex has accused you of parental alienation or made false allegations
- You have a history of high-conflict litigation with your ex
- Your child is close to both parents and the case could go either way
- You’ve already made commitments (job, housing) and need approval quickly
What to Do Next: Legal Checklist for Child Relocation in Illinois
Whether your divorce is pending or just finalized, here’s what to do now.
If You’re Still in the Divorce Process
- Tell your attorney about potential relocation so it’s addressed in your parenting plan
- Document your co-parenting cooperation with communication logs and calendar records
- Research your destination thoroughly to have concrete data ready
- Build your employment case with job searches, applications, or networking
- Establish your child’s bond with relatives at the destination through visits or regular contact
If Your Divorce Just Finalized
- Review your Allocation Judgment for relocation provisions
- Calculate your timeline backward from when you need to move
- Draft your relocation notice with all required information
- Reach out to the other parent to discuss the move before serving formal notice
- Consult with a relocation attorney to review your strategy
If You’re Facing an Objection
- Don’t move until you have court approval
- File your petition immediately to start the court process
- Begin gathering evidence on all 11 best interest factors
- Retain experienced counsel who handles contested relocations regularly
- Prepare for a 2–4-month process and adjust your plans accordingly
Regardless of which stage you are at in a complex divorce or a complex relocation situation related to Illinois, get in touch with our experienced family law legal team for a confidential consultation to review your case.
Frequently Asked Questions About Moving After Divorce
Can I move with my child immediately after my divorce is finalized in Illinois?
No, not unless the relocation terms and conditions are already provided in the divorce decree. Illinois law requires you to provide the other parent with 60 days’ written notice before relocating with your child, even if your divorce was just finalized. The notice must include your intended move date, new address, reason for relocating, and whether the move is temporary or permanent. You must also file a copy with the court. The earliest you can legally move is 60 days after the other parent receives your notice, unless you get their written agreement to move sooner.
What happens if I move without giving proper notice to the other parent?
Moving without proper notice can result in the court ordering your child’s immediate return to Illinois, contempt of court, charges with fines or jail time, loss of custody to the other parent, and in extreme cases, parental kidnapping charges. Illinois courts maintain jurisdiction over children who lived in the state for at least six months, and Illinois Courts can enforce these consequences even after you’ve moved to another state.
How far can I move without getting court approval in Illinois?
You can move without court approval if your move is less than 25 miles from your child’s current home in Cook, DuPage, Kane, Lake, McHenry, or Will counties, or less than 50 miles in other Illinois counties. However, if you’re moving out of state, any move more than 25 miles from your child’s current home requires either the other parent’s written consent or court approval, regardless of the distance.
What if the other parent refuses to sign my relocation notice?
If the other parent refuses to sign or objects to your relocation, you must file a petition with the court asking for permission to move. The court will hold a hearing and evaluate 11 statutory factors to determine whether the relocation serves your child’s best interests. You’ll need to present evidence supporting your reasons for the move, show how it benefits your child, and propose a realistic parenting time schedule for the non-relocating parent.
Can I move with my child if we share equal parenting time in Illinois?
Yes, parents with equal parenting time can seek relocation, but you must follow the same 60-day notice requirement and obtain either the other parent’s written consent or court approval. Courts may scrutinize equal parenting time situations more carefully since the move will significantly disrupt an established 50-50 arrangement. You’ll need strong evidence that the move serves your child’s best interests despite the impact on the current schedule.
How long does the court approval process take for child relocation in Illinois?
If the other parent agrees and signs your notice, the process can take as little as a few weeks to modify your parenting plan and receive court approval. If the other parent objects and you need a contested hearing, the process typically takes at least 2-4 months from filing your petition to getting a decision in Cook, DuPage, Lake, and Will counties. Complex cases requiring multiple court dates, depositions, or expert witnesses can take 4-6 months or longer.
Will I have to pay for the other parent’s travel expenses after I relocate?
Illinois courts often require the relocating parent to bear some or all of the increased travel costs for the non-relocating parent’s visitation. The specific cost-sharing arrangement depends on each parent’s income, the distance of the move, and what the court determines is fair and necessary to maintain the parent-child relationship. This should be addressed in your proposed parenting plan and can be negotiated as part of the relocation agreement.
Can the court deny my relocation even if I have a legitimate job offer?
Yes. Even with a valid job offer, family need, or other legitimate reason, the court can deny your relocation if it determines the move is not in your child’s best interests. Courts weigh your reasons for the move against the impact on your child’s relationship with the other parent, educational stability, emotional well-being, and connections to extended family and community. A strong job offer helps your case but doesn’t guarantee approval.
What if I need to move in less than 60 days for an emergency or urgent job offer?
The statute allows “impracticable” notice when 60 days isn’t possible, meaning you provide notice at the earliest date practicable. However, courts scrutinize shortened timelines carefully. You’ll need to file a petition explaining why the standard timeline is impossible and request an expedited hearing. Situations courts may accept include job offers with non-negotiable start dates, family medical emergencies, safety concerns, or military deployment. Simply finding a great opportunity or already signing a lease typically won’t qualify.
Can my child’s opinion affect whether the court approves my relocation?
Yes, especially for older children. Illinois courts consider the child’s wishes as one of the 11 best interest factors, taking into account the child’s maturity and ability to express reasoned, independent preferences. Teenagers’ opinions carry significant weight, while younger children’s preferences are given less consideration. However, the child’s wishes are just one factor, and courts won’t allow a move solely because the child wants it if other factors weigh against relocation.
What happens if the court denies my relocation petition?
If the court denies your petition, you cannot legally move with your child. You can either accept the decision and remain in Illinois, appeal the decision (which extends the timeline significantly), or move alone without your child while maintaining your parenting time. Some parents negotiate modified custody arrangements where the child primarily lives with the other parent during the school year and spends summers and extended breaks with the relocating parent, though this requires the other parent’s agreement.
Get the Experienced Legal Representation and Guidance for Your Relocation Case Demands
Child relocation cases require more than filling out forms and following procedures. They require strategic planning, persuasive evidence presentation, and understanding how Illinois family court judges evaluate these cases.
Anderson Boback & Marshall has handled child relocation cases throughout Cook, DuPage, Lake, and Will counties for over 20 years. Our attorneys have achieved successful outcomes in complex situations including:
- Emergency relocations with shortened timelines
- High-conflict cases involving false allegations
- Interstate and international moves
- Cases where both parents had strong ties to the child
- Negotiated agreements that preserved meaningful relationships for both parents
We provide:
- Immediate case evaluation to determine your timeline and strongest arguments
- Strategic planning that anticipates objections and builds your evidence
- Skilled negotiation to reach agreements without contentious hearings
- Aggressive litigation when court approval is the only path forward
- Court representation by attorneys who know local judges and case law
The difference between approval and denial often comes down to preparation and presentation.
Don’t risk your custody rights or your family’s future by handling this alone. Contact Anderson Boback & Marshall for a consultation about your relocation plans.
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