Relocation After Divorce

Relocation After Divorce:  What Are The Requirements For Me To Move With My Child?

Effective January 1, 2016, the act of moving is statutorily characterized as “relocation.” Any parent with whom a child resides with the majority of the time, or either parent if the child resides with both of them equal amounts of time, must provide advance written notice to the other parent of an intent to move: a) more than 25 miles from the child’s current home, if the child resides in Cook, DuPage, Kane, Lake, McHenry or Will County; b) more than 50 miles from the child’s current home, if the child resides in any other county in Illinois; or c) out of state to a new residence that is located more than 25 miles from the child’s current residence.

The notice must meet the following requirements: state the date when the parent intends to move; state the new address which the parent will be moving to; and, if not a permanent move, state the length of time the parent will be living at the new address. The notice must be provided to the other parent at least 60 days in advance of the move, unless a Court orders otherwise or is impracticable, in which case, notice must be given at the earliest practicable time.

If the non-moving parent consents to the move, and signs and returns the notice to the moving parent, then the moving parent may file the signed notice with the Court and no further court action is required.  If the non-moving parent does not consent, or fails to return the signed notice, the moving parent must file a petition with the Court asking for permission to relocate before the move may occur.