Can I Move Away With My Child After My Divorce Is Finalized?

 Posted on April 18, 2025 in Family Law

When a parent wants to relocate with their child after a divorce, there can be several questions and concerns. In Illinois, parents cannot simply move out of state or even to another city without going through the proper legal steps, especially when there is a court-ordered custody arrangement in place. Understanding how parental relocation works under Illinois law is crucial for ensuring that your rights—and your child’s best interests—are protected. To learn more, speak with a qualified Arlington Heights, IL family law attorney.

What Is the Legal Process for Parental Relocation?

In Illinois, parental relocation is governed by the Illinois Marriage and Dissolution of Marriage Act, which outlines specific rules for when and how a parent can move with their child after a divorce. If a custodial parent wants to move more than 25 miles from their current residence within the state, or if they want to move out of state, they must seek approval from the court.

The first step in the process is to provide notice to the other parent. This notice must be given at least 60 days before the proposed move. If both parents agree to the relocation, the court will likely approve it, assuming the move is in the best interest of the child. However, if the non-custodial parent objects, the court will need to step in to make a final decision.

What Does the Court Consider When Ruling on Parental Relocation?

The court’s main priority when considering a request for relocation is that the move must serve the child’s best interest. This includes several factors, such as:

• The child’s relationship with each parent: The court will consider how relocation might impact the child’s relationship with both parents and whether it would be harmful to that bond.

• The reason for the move: People decide to move for all sorts of reasons. The court will take into account whether the parent is relocating for a job opportunity, to be closer to family, or for other significant reasons.

• The child’s adjustment to the current environment: If the child is well-adjusted at home, at school, and in their community, the court might be hesitant to approve the move.

• Visitation logistics: The court will also look at how the relocation will affect visitation arrangements, including whether an acceptable visitation plan can be developed to maintain a meaningful relationship with the non-custodial parent.

Who Decides If a Parent Can Move?

Ultimately, the decision lies with the judge. He or she will carefully evaluate all the factors and might consider testimony from both parents, evidence presented, and expert opinions if applicable. It is important to note that the court’s decision is not based solely on either parent’s wishes; the main consideration is whether the relocation is in the best interest of the child.

If the non-custodial parent objects to the relocation, the parent who wants to move must prove that doing so would be beneficial to the child and that it would not harm their relationship with the other parent.

Contact a Skilled Illinois Family Law Attorney

If you are facing a parental relocation issue, it is crucial to have the right legal support. At A. Traub & Associates, one of our experienced Arlington Heights, IL child custody lawyers can help you navigate the complexities of parental relocation and ensure that your case is handled with the care and attention it deserves. As a large law firm offering a highly personal, friendly approach, we understand the sensitive nature of these cases. We tailor our strategies to meet the specific needs of each client, ensuring that your situation is addressed in the best way possible. Call 847-749-4182 today!