Relocation of Children

When one parent wishes to move far away with a child, it can disrupt the other parent’s visitation rights and general involvement in the child’s life.  Illinois family law provides limitations on how far a parent can move with a child before they must seek permission from a judge.  These limitations are specific when it comes to the distance a parent can move.

Advance Written Notice Required

The parent seeking to move with the child will have to send notice in writing to the other parent, stating that he or she intends to move.  To send proper written notice, the following requirements must be met:

• The notice must state the date when the parent intends to move;
• The notice must list the new address where he or she will be moving;
• If the move is not permanent, the notice must state the length of time the parent will be living in the new location;
• The notice must be given to the other parent at least 60 days in advance of the move, unless the court orders otherwise. If such advanced notice would be impracticable, written notice would have to be given at the earliest date practicable. 

If the non-moving parent agrees with the move, he or she would sign the written notice, the moving parent would file the signed notice with the court, and the move would be allowed without any further court action.  If the non-moving parent objects to the move, or does not sign the written notice, the moving parent must file a petition with the court asking for permission to relocate.

When Written Notice is Required

The parents who must provide written notice of an intent to move include:

• The parent with whom the child resides the majority of the time
• Either parent, if the child resides with both of them equal amounts of time

The law takes into consideration where the child currently lives, and how far the parent wishes to relocate with the child.   A parent would have to provide written notice if he or she wished to move:

• More than 25 miles from the child’s current home, if the child lives in Cook, DuPage, Kane, Lake, McHenry, or Will County;
• More than 50 miles from the child’s current home, if the child lives in any other county in Illinois;
• Out of state to a new residence that is located more than 25 miles from the child’s current home.

A parent who has the majority of parenting time with the child would be required to seek permission to move within the state, if the move would be more than 25 miles from a home located in Cook, Dupage, Kane, Lake, McHenry, or Will Counties; or more than 50 miles from a home located in any other county.

A parent does not need to ask for court permission to move with the child across state borders if the new home is within 25 miles of the current home. 

Illinois law generally encourages both parents to be involved in a child’s life, and for both parents to spend reasonable time with the child.  If one parent moves very far away, it could heavily interfere with the rights of a non-moving parent.   

If you are seeking legal representation in a Will County, Dupage County, or Kendall County case involving divorce, child custody, or other family law matters, call Navarro Family Law today to schedule a consultation at (815) 207-9570.