How Does Illinois Law Address Relocation by a Parent After Divorce?

 Posted on February 11, 2026 in Child Custody

Parental relocation is more common than many people realize. It can quickly create legal and emotional challenges for families. A recent working paper from the U.S. Census Bureau found that children are significantly more likely to change residences around the time of a divorce, with about 13 percent moving in a given year near the divorce period.

As these transitions continue to affect families in 2026, understanding your rights in a child custody case is essential. If you are dealing with a potential move, our Oakbrook Terrace, IL child custody lawyers can help you evaluate your options and protect your relationship with your child.

How Does Illinois Law Address Parental Relocation?

Illinois law does not allow a parent to simply move away with a child after divorce without following certain legal steps. The Illinois Marriage and Dissolution of Marriage Act, under 750 ILCS 5/609.2, sets guidelines for parental relocation.

Under this statute, relocation usually means moving a significant distance from the child’s current home. The law sets specific mileage thresholds depending on where the parent lives. For example, a move of more than 25 miles may qualify as relocation.

The relocating parent must provide written notice to the other parent at least 60 days before the planned move whenever possible. If the other parent agrees and signs the notice, the court will typically approve the relocation. If there is no agreement, a judge must decide whether the move is allowed.

How Do Courts Decide if Relocation Is in the Child’s Best Interests?

Illinois courts try to support arrangements that help children keep strong relationships with both parents whenever possible. The law recognizes that moving can create new opportunities but also new challenges.

Judges often examine whether the relocation will improve the child’s quality of life. For example, a move tied to a stable job, safer housing, or strong family support may carry more weight than a move based only on preference.

Courts also look at communication between parents. A parent who shows a willingness to cooperate and encourage the child’s relationship with the other parent often appears more credible.

Because these cases are highly fact-specific, preparation matters. Clear documentation and thoughtful planning can make a meaningful difference.

What Should You Do if Your Co-Parent Plans To Move?

Learning that your co-parent wants to relocate can feel overwhelming. Acting promptly helps you protect your parental rights and your child’s routine.

If you receive a relocation notice, consider taking these steps:

• Review the notice carefully and note any deadlines.
• Document how the move could affect your parenting time.
• Keep records of your involvement in your child’s daily life.
• Avoid emotional confrontations that could escalate conflict.
• Speak with a family law attorney about your options.

Even if the situation feels urgent, thoughtful action helps. It usually leads to better outcomes than reacting in frustration.

How Can You Prepare for a Relocation Dispute in Illinois?

Relocation cases often move quickly once filed, so preparation is key. Start by gathering school records, medical information, and any documents that reflect your positive role in your child’s life.

It is also helpful to think about practical solutions. Courts appreciate parents who focus on the child’s needs rather than personal disagreements. Demonstrating flexibility while still protecting your relationship can strengthen your position.

Legal guidance can help you understand what evidence may matter most and how local courts typically approach these cases.

Contact Our DuPage County, IL Parental Responsibilities Attorneys

Relocation disputes can reshape parenting arrangements and create lasting effects for families. Working with the right legal team can help you make informed decisions during this important time. At Farooqi & Husain Law Office, our Oakbrook Terrace, IL child custody lawyers are committed to helping parents protect their rights while prioritizing their children’s well-being. Our team helps families find practical solutions both in and out of court. Call 630-909-9114 today to schedule a consultation and discuss your next steps.