Yes, you can move out of Illinois after a divorce, but relocating with children requires court approval if it affects custody or parenting arrangements.
Understanding Relocation After Divorce in Illinois
Moving out of Illinois after a divorce is generally permissible, but the process becomes more complex if children are involved. Illinois law prioritizes the child’s best interests and ensures that relocation does not negatively impact their relationship with both parents.
Legal Context for Relocation in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), parents with primary custody must seek court approval to relocate if the move exceeds specific distance thresholds.
Key Points About Relocation:
- Distance Thresholds:
- Moves over 25 miles from the current residence for Cook, DuPage, Kane, Lake, McHenry, and Will counties require court approval.
- For other counties, moves exceeding 50 miles require approval.
- Court Considerations:
- The court evaluates whether the move serves the child’s best interests by considering factors such as:
- Educational opportunities.
- The impact on the child’s relationship with the non-relocating parent.
- Reasons for the relocation.
- The court evaluates whether the move serves the child’s best interests by considering factors such as:
- Relocation Request Process:
- The relocating parent must notify the other parent in writing at least 60 days before the move and file a motion with the court if the non-relocating parent objects.
Example Scenario:
A parent planning to move from Chicago to Indiana for a new job must obtain court approval if the distance exceeds 25 miles and affects the parenting schedule.
Steps to Relocate After Divorce
- Provide Written Notice:
- Inform the other parent of your intent to relocate, including the new address and moving date.
- File a Motion With the Court:
- If the other parent objects, submit a relocation request for court approval.
- Attend a Court Hearing:
- Present evidence supporting how the move benefits the child and propose adjustments to the parenting schedule.
- Obtain Court Approval:
- If the court approves the relocation, update the parenting plan and custody arrangement to reflect the new circumstances.
How Attorneys Can Help
An experienced family law attorney can:
- Advise on whether your move requires court approval.
- Assist with drafting and submitting relocation requests.
- Represent you in court hearings to demonstrate how the move serves the child’s best interests.
- Negotiate revised custody and visitation schedules with the other parent.
Planning to Relocate After Divorce?
Call (630) 366-1760 to consult with a family law attorney. We’ll guide you through the relocation process and work to protect your rights and your child’s well-being.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
