Can I Relocate With My Children After My Divorce?

 Posted on October 29, 2026 in Child Custody

A new job or the chance to live closer to family could make moving appealing after divorce. When you share children with your former spouse, however, the move also affects the parenting arrangement you already have.

Illinois allows parents to relocate with their children when the legal requirements are met. For certain moves, you need the other parent’s written agreement or court permission. If you are considering relocating with your children in 2026, our St. Charles, IL family law attorneys will explain the process and help you prepare.

Which Moves Count as Parental Relocation Under Illinois Law?

Under 750 ILCS 5/600, the distance limit for a child living in Kane County is 25 miles. An Illinois destination beyond that limit triggers the relocation process. Children living in Cook, DuPage, Lake, McHenry, and Will Counties fall under that same limit.

Elsewhere in Illinois, the limit for moving within the state is 50 miles. For a destination outside Illinois, the 25-mile limit applies regardless of the county you are leaving.

Use an online map to calculate the driving distance between the homes. When several routes appear, use the shortest one. Measuring a straight line between the addresses will not give you the distance the law requires.

A move below these limits still requires checking your parenting plan. You must follow any address-notice requirements and continue meeting your obligations under the existing order.

Who Can Request Permission to Relocate With a Child in Illinois?

This process is available to parents whose court orders give them at least half of the parenting time. Before planning your request, confirm whether your order gives you an equal share or more time than the other parent.

Having that parenting arrangement does not guarantee approval. If you have less than equal parenting time and want the child to live primarily with you elsewhere, you would also need to request a change to the existing parenting arrangement.

How Much Notice Must You Give Before Relocating With Your Child in Illinois?

According to 750 ILCS 5/609.2, you must give the other parent at least 60 days’ written notice. You must also submit a duplicate to the circuit court clerk. When circumstances make that timing impractical, send it at the earliest practical opportunity. A judge also has authority to set different timing.

Identify when you plan to leave and where you plan to live, if you have an address. If you expect to return rather than move permanently, state the planned duration.

Giving notice is not the same as receiving permission. Do not treat the end of the notice period as automatic approval to move.

If domestic violence creates safety concerns, ask about having the court seal or waive required notice information before disclosing your location.

What if Your Co-Parent Agrees to Your Relocation Plans?

Your former spouse’s signature on the relocation notice provides a way to proceed without a separate ruling authorizing the move. You must submit that signed document to the court.

You must also address any necessary changes to the parenting plan. The court will adopt the parents’ agreed changes if they serve the child’s best interests.

Discuss the details before relying on a general promise of cooperation. An agreement should explain when the child will see each parent and how travel will work. A text saying "the move is fine" does not replace the signed notice required by law.

What Happens if the Other Parent Objects to Your Relocation Plans?

You must file a petition requesting court permission if the other parent objects, does not sign the notice, or cannot agree on parenting-plan changes. The judge evaluates whether the proposed move serves the child’s best interests. Factors include:

• Each parent’s reasons for supporting or opposing the move
• The child’s relationship with each parent
• Educational opportunities in both locations
• Extended family support available in each place
• The expected effect on the child
• Whether a workable arrangement will preserve both parent-child relationships

A higher-paying job alone does not settle the question. Explain how the move would improve the child’s circumstances and how the child would maintain meaningful contact with the other parent.

Allow time for the court process before making commitments that depend on approval. The other parent’s refusal does not give you permission to move first and seek approval afterward.

How Should Parenting Time Change After You Relocate In or Outside Illinois?

The revised schedule should account for the distance and the child’s routine. Frequent school-night visits might no longer work, while longer periods during school breaks could become more practical.

Specify who handles transportation and how travel expenses are divided. Include clear exchange times and a plan for delays so neither parent has to guess what is required.

Also address phone or video contact between visits. Those conversations help maintain contact but should not be treated as a complete replacement for time together.

Contact a Kane County, IL Divorce Lawyer

Moving after divorce means balancing new opportunities with your child’s need to stay connected to both parents. At Weiler & Associates, P.C., our attorneys will help you prepare a relocation request or respond to a disputed move.

Contact our St. Charles, IL family law attorneys or call 630-331-9110 to schedule a consultation.