Can I Move Out of State With My Kids During an Illinois Divorce?

Moving out of state with your children during a divorce can feel like a fresh start. But if you currently live in Illinois, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has something to say about when and how you may relocate with your children while a divorce action is pending, or afterward. A parent’s decision to relocate—even for valid reasons such as employment, family support, or safety—must still go through the proper legal channels to ensure the children’s best interests are protected and the other parent’s rights are not violated.

What Counts as “Relocation” Under Illinois Law?

Under Illinois law, not every move is considered a “relocation.” Section 600 of the IMDMA defines relocation as:

A move more than 25 miles from the child’s current primary residence if the child lives in Cook, DuPage, Kane, Lake, McHenry, or Will County, or

A move more than 50 miles from the child’s current residence if the child lives in any other Illinois county, or

Any move out of the state of Illinois.

750 ILCS 5/600(g)

If you are looking to move with your children more than 25 miles away from your current residence, and you are divorced or you are in the middle of a divorce, or even if you were never married to your co-parent but you have an Allocation Judgment entered with Court, there are specific steps you need to take today to make sure you do not end up in Court.

Notice and Court Approval

Under 750 ILCS 5/609.2(b), a parent who has the majority of parenting time or shares equal parenting time must provide written notice of their intent to relocate. The notice must be given to the other parent at least 60 days before the move (or as soon as practicable) and must include:

• The intended relocation date,
• The new address (if known), and
• Whether the relocation is permanent or temporary.

The non-relocating parent then has the opportunity to agree to the move by signing the Notice to Relocate. If this is the case, then the signed Notice is filed with Court, and the matter is resolved. The move can take place.

If the non-relocating parent objects to the move, however, then further action is required. In this case, the relocating parent must file a petition seeking the Court’s approval of the relocation.

Best Interest of the Child Standard

In determining whether to allow a relocation, the Court will assess whether the move is in the best interests of the children involved. The specific factors the Court will consider are listed in Section 609.2(g) of the IMDMA. These factors include, but are not limited to:

• The reasons for the relocation,
• The reasons for the other parent’s objection to the relocation,
• The history and quality of each parent’s relationship with the children,
• The impact of the relocation on the child’s educational and emotional development,
• The presence of extended family in each location,
• Whether a reasonable parenting schedule can be created if the relocation is allowed.

Case Study: Paige R. v. Blake R., 2024 WL 838471 (Ill. App. 4th Dist.)

In a recent case, Wife filed for divorce in 2022 after six years of marriage. The couple had two minor children. Early in the proceedings, Wife submitted a proposed parenting plan requesting sole decision-making authority and majority parenting time.

Without the Court’s permission or prior agreement from Husband, Wife moved with the children from Illinois to Iowa during the divorce. In response, Husband filed a petition to have the children returned to Illinois, asserting that the move was improper and interfered with his parenting rights. He also filed his own proposed parenting plan seeking joint decision-making and majority parenting time.

The Trial Court ordered the children to be returned to Illinois and ultimately conducted a hearing on parenting matters. The Court considered the statutory child’s best interest factors and found that Wife’s unilateral move to Iowa deprived Husband of the opportunity to participate in major decisions relating to the children and to attend the children’s events.

The evidence supported awarding equal parenting time and granting Husband primary decision-making responsibility for education. Wife’s relocation during the divorce harmed the children’s relationship with their father. The wife then filed an appeal.

On appeal, Wife argued that the Trial Court had erred by awarding equal parenting time without explicitly addressing each statutory child’s best interest factor, but the Appellate Court was not persuaded. The Illinois Appellate Court found that the Trial Court was not required to make express findings on each statutory factor as long as it considered the relevant evidence and explained its reasoning.

What This Case Teaches Us About Relocation

The Paige R. case offers several important takeaways for parents navigating relocation during a divorce:

• You Cannot Relocate Without Following the Law: If you share parenting responsibilities or time with the other parent, you must follow the procedures in Section 609.2 of the IMDMA. Unilaterally moving out of state with your children—even temporarily or for what you believe are good reasons—can severely damage your legal position in the divorce case.
• The Court’s Focus Is Always on the Child: Whether you are seeking to relocate or trying to stop a relocation, remember that the Court’s only concern is the best interest of the children involved. The judge will weigh statutory factors and make decisions based on evidence—not on parental preference or convenience.

Consult an Attorney if You are Considering Relocation

If you are contemplating a move during your Illinois divorce, or afterward, consider the taking the following steps:

• Consult with an attorney early. Don’t make any decisions without legal guidance.
• Comply with notice requirements under Section 609.2(b).
• Be ready to explain how the move serves the child’s best interest, not just your own.
• Work toward a formal parenting plan that includes any agreements between you and the other parent.
• Expect Court scrutiny if you relocate without consent or a Court Order.

Relocating out of state with your children during an Illinois divorce is not something you can do unilaterally or without consequences. Illinois law protects both parents’ involvement in a child’s life. If you are considering a move, reach out to an experienced Chicago family law attorney today for guidance. The team at O. Long Law, LLC, has helped many parents follow through on their dreams of relocating their families, and we are standing by to help you, too.