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Relocation / Removal
Relocation After Divorce in Illinois
After a divorce or parentage case involving minor children, one parent may wish to move to a new residence due to employment opportunities, remarriage, family support, or other life changes. When the proposed move would significantly impact the existing parenting time schedule, Illinois law may require notice to the other parent or court approval before the relocation can occur.
Relocation cases were previously referred to as removal cases under Illinois law. Current statutes provide guidance regarding when notice must be given and when court approval is required before a parent may relocate with a child.
When Is a Move Considered Relocation?
Not every move requires court approval. Illinois law establishes distance based thresholds that determine whether a proposed move is considered relocation.
Relocation may occur when a parent intends to move:
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More than 25 miles from the child’s current primary residence within Cook, DuPage, Kane, Lake, McHenry, or Will County
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More than 50 miles from the child’s current primary residence in other Illinois counties
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More than 25 miles from the child’s current primary residence to a location outside the State of Illinois
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Moves within these limits may not require court approval but may still require notice to the other parent.
Notice Requirements
Illinois law requires a parent seeking to relocate with a child to provide written notice to the other parent and to the Court within a specified period of time. The notice must include:
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The intended new address
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The date of the proposed move
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The length of time the relocation is expected to last
If the other parent agrees to the proposed relocation and signs the notice, the relocation may be approved without a court hearing.
When Court Approval Is Required
If the other parent objects to the proposed relocation, the parent seeking to move must file a petition requesting approval from the Court. The Court will determine whether the proposed relocation is in the best interests of the child.
Relocation cases often involve modification of parenting time schedules and may require a review of the child’s educational, social, and emotional needs.
Best Interests of the Child
In relocation cases, courts consider a variety of statutory factors including:
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The circumstances and reasons for the proposed move
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The reasons for the other parent’s objection
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The history and quality of each parent’s relationship with the child
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Educational opportunities at the existing and proposed location
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The presence of extended family or support systems
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The anticipated impact of relocation on the child’s development
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The feasibility of preserving the child’s relationship with the non relocating parent
Each case is fact specific, and the Court must determine whether relocation serves the child’s best interests.
Impact on Parenting Time
Relocation may require modification of an existing parenting plan or parenting time schedule. Courts may consider alternative arrangements such as extended holiday parenting time, summer schedules, or virtual communication in order to preserve the child’s relationship with both parents following the move.
Why Choose Ciesla Beeler?
Relocation cases often involve significant changes to existing parenting time arrangements and may require modification of previously entered court orders. Our attorneys assist clients in addressing relocation requests through negotiation or court proceedings when necessary.
We represent parents in matters involving proposed moves that may impact parenting time and the child’s relationship with the other parent.
Frequently Asked Questions
Relocation cases often raise urgent legal questions for parents who are considering a move or who have received notice that the other parent intends to relocate with the children. Below are answers to some of the most common questions we receive about relocation under Illinois law.
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