Can I Relocate With My Child After An Illinois Divorce? 

 Posted on April 20, 2025 in Child Custody

You want a fresh start after your Illinois divorce and to relocate to another city with your child. Is it allowed? Possibly, but when a parent wishes to relocate with their minor child after divorce, they must follow state guidelines to ensure the move is in the child's best interests.

An Illinois divorce attorney at Davi Law Group can assist with filing your relocation request with the family court and avoiding common pitfalls. They can also help with contesting your ex-spouse’s proposed relocation plans. We know what the judge will review to make their decision and will maximize your chances of a favorable relocation decision outcome.

Filing A Parental Relocation Petition

Illinois law has been updated recently with new parameters that the courts consider when determining whether to approve petitions for parental relocations. The Illinois Marriage and Dissolution of Marriage Act states that a parental relocation by a parent with a minor child is: 

• Over 25 miles to a new Illinois residence from your current one in Cook, DuPage, Kane, Lake, Will, or McHenry counties; 

• Over 50 miles to a new Illinois residence from your current one in any other county in Illinois; and 

• Over 25 miles to a new residence outside the state from your current one in Illinois, including cities just over the state’s border.

The Relocating Parent Has the Burden of Proof

The parent seeking to relocate with the child has the burden of proof. An experienced divorce attorney can work with you to document why you want to move with your child. If your ex-spouse disagrees with the relocation, the court might still consent after reviewing significant factors, such as: 

• How will the move affect your child? 

• How will the relocation enhance the child’s quality of life? 

• Why do you want to relocate? For example, do you have a new job? 

• What is the quality and history of each parent’s relationship with the child? 

• What educational opportunities are there at the proposed new residence? 

• Does the other parent object, and if so, why? 

• Is there extended family in the current and new communities? 

• How will you maintain the other parent’s visitation rights? 

• What are the child’s wishes, if they are mature enough to decide? 

Illinois Relocation Disputes

Relocation requests after divorce are frequently contested. If the other parent disagrees with your relocation plans, our divorce attorneys can provide exceptional legal help. If you object to the other parent’s relocation, we may employ a restraining order to stop the move temporarily while we investigate.

The court can block a relocation if it determines that the move will hurt the child’s relationship with the other parent, or if a fair parenting time plan cannot be created.

Contact a DuPage County, IL Divorce Attorney Today 

Many parents want to relocate with their children after a difficult divorce. Whether the move will be allowed by the family court hinges on several factors. At Davi Law Group, we understand how Illinois courts make relocation decisions and will advocate aggressively and persuasively for your perspective. Call 630-657-5052 to schedule a free consultation with our Wheaton, IL divorce lawyer.