Can A Parent Move To The Suburbs During Divorce?
Divorce often makes parents rethink where they can live, how close they need to be to their children, and if staying in the same neighborhood is possible. For someone in Chicago, moving to Schaumburg, another suburb, or a different part of the area might seem practical because of housing costs, jobs, family support, or wanting a different school district. But moving during a divorce can become a legal issue if it affects the child’s main home or the other parent’s time with the child. Not every move counts as a formal relocation under Illinois law, but some moves require special notice and court approval. I recommend learning these rules before signing a lease, buying a home, changing your child’s school, or assuming that staying in Illinois means you don’t need court approval.
Moving Yourself Is Different From Moving The Child
I often explain to clients that there is a difference between a parent moving and moving a child’s main home. Adults usually have more freedom to choose where they live. The legal challenges come up when a parent wants to move the child, and it affects the current or planned parenting arrangement.
While a divorce is still in progress, the court may be deciding how to split parental responsibilities and time with the child. A big move can change things like transportation, school, activities, how parents exchange the child, and how much time each parent actually gets. Because of this, what seems like a simple housing choice can quickly become a legal issue in the divorce.
Illinois law uses the terms “parenting time” and “allocation of parental responsibilities” rather than relying primarily on the older terminology of custody and visitation. Under 750 ILCS 5/602.7, parenting time must be allocated according to the child’s best interests. Where each parent lives can become highly relevant to that analysis.
When A Move To The Suburbs Becomes A Legal Relocation
Not every move from Chicago to a suburb is a statutory relocation. The distance and the location of the child’s current primary residence matter.
Under 750 ILCS 5/600, when a child’s current primary residence is located in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move within Illinois is considered a “relocation” if the new residence is more than 25 miles from the child’s current primary residence. The distance is measured by an Internet mapping service using surface roads, and when several routes are available, the shortest route is used.
This rule can lead to surprises. Moving from one part of Chicago to a nearby suburb might stay within the 25-mile limit, but moving to a different suburb could go over it, even if both places are still in the Chicago area. The county line doesn’t decide the issue. What matters is the legal distance from the child’s main home.
For a child’s primary residence located in an Illinois county other than those six counties, an intrastate move generally becomes a relocation when it exceeds 50 miles. A move outside Illinois can qualify as a relocation when the new primary residence is more than 25 miles from the child’s current Illinois primary residence. These distinctions make it important to calculate the actual statutory distance rather than relying on general impressions about whether a suburb is “close.”
Who Can Request Relocation With A Child?
Illinois does not allow every parent to invoke the statutory relocation procedure in the same way. Under 750 ILCS 5/609.2(b), a parent who has been allocated a majority of parenting time may seek to relocate with the child. Either parent may also seek relocation when the parents have been allocated equal parenting time.
If the divorce isn’t final yet, the court’s decision about parenting may still be pending. Timing matters. If a parent moves before the divorce is settled, it doesn’t necessarily help their case later. Moving without agreement can cause more legal problems about temporary parenting, school, transportation, or how time with the child is divided.
I generally prefer to address a proposed move before it creates a new conflict. The legal strategy depends on the existing parenting arrangement, whether temporary court orders are already in place, the distance involved, and the reasons for the proposed move.
Illinois Requires Notice For A Statutory Relocation
When a proposed move falls within the statutory definition of relocation, 750 ILCS 5/609.2 requires written notice to the other parent under the parenting plan or allocation judgment. A copy of the notice must also be filed with the clerk of the circuit court.
The notice generally must be provided at least 60 days before the proposed relocation. If providing 60 days of notice is impracticable, notice must be given at the earliest practicable date unless the court orders otherwise. The notice must identify the intended moving date, the new address if known, and the anticipated duration of the relocation if it is not permanent.
Ignoring these requirements can have consequences. The statute permits the court to consider an unjustified failure to provide proper notice when deciding whether the proposed move was made in good faith. The court may also award reasonable attorney’s fees and costs resulting from the failure to comply with the notice requirements.
What Happens If The Other Parent Agrees To The Move?
A relocation dispute does not necessarily require a contested hearing. Under 750 ILCS 5/609.2(e), if the non-relocating parent signs the required notice and the relocating parent files it with the court, the relocation may proceed without further litigation over permission to move.
The parenting plan or allocation judgment will still need to be modified as necessary to accommodate the new arrangement, and the modification must remain consistent with the child’s best interests. Parents may need to reconsider exchange locations, school-day schedules, holiday arrangements, transportation costs, and the amount of parenting time available to the parent who lives farther away.
A negotiated relocation agreement can often give parents more control over these details than a contested proceeding. However, the agreement should be specific enough to avoid creating new disputes once the move occurs.
What Happens If The Other Parent Objects?
When the other parent objects, refuses to sign the relocation notice, or the parents cannot agree on the necessary modifications to the parenting plan, the parent seeking to move must petition the court for permission under 750 ILCS 5/609.2(f).
The parent should not assume that having a good reason for moving automatically means the court will approve the request. The court evaluates the child’s best interests and considers multiple statutory factors. The reasons for the move matter, but they are only part of the analysis.
Similarly, the objecting parent cannot necessarily defeat the relocation simply by saying that the move will be inconvenient. The court examines the reasons for the objection, the existing parent-child relationships, the proposed parenting arrangements, and the overall impact of the relocation.
What Factors Does The Court Consider?
Section 609.2(g) identifies a detailed set of factors for contested relocation cases. The court considers the circumstances and reasons for the proposed move and the reasons the other parent opposes it. The court also examines the history and quality of each parent’s relationship with the child, including whether either parent has substantially failed or refused to exercise previously allocated parental responsibilities.
Educational opportunities can be important. A parent proposing a move to a suburb may argue that the move offers improved educational opportunities, greater stability, affordable housing, or proximity to extended family. The court may compare the child’s existing school and community with the proposed location and consider how changing residences would affect the child socially and academically.
The court also considers the presence of extended family, the anticipated impact of the move, the child’s wishes when the child has sufficient maturity to express a reasoned preference, and whether a workable allocation of parental responsibilities can still be maintained. Another significant factor is whether the consequences to the relationship between the child and the non-relocating parent can be minimized.
A strong relocation case therefore usually requires more than identifying a desirable house or school district. The parent seeking permission should be prepared to explain how the proposed arrangement will function in practice and why it serves the child’s interests.
Parenting Time Can Be Affected Even By A Move Under 25 Miles
A move that does not meet the technical definition of relocation can still affect a divorce case. A 20-mile move in the Chicago area might substantially increase driving time because of traffic, school schedules, work hours, or the location of parenting exchanges. The fact that formal relocation procedures do not apply does not make those practical consequences irrelevant.
Under 750 ILCS 5/602.7, courts deciding parenting time consider the child’s adjustment to home, school, and community, each parent’s prior caretaking role, the distance between the parents’ residences, transportation difficulties, schedules, and each parent’s willingness to support the child’s relationship with the other parent.
Accordingly, a parent should not view the 25-mile threshold as permission to make any move below that distance without considering the existing parenting arrangement. A move can still create a dispute about parenting time or school placement even when it does not qualify as a statutory relocation.
A Move Can Also Affect Major Decisions About School
Moving to the suburbs frequently raises a second issue beyond residence: where the child will attend school. A parent may assume that moving into a new school district automatically means the child can be enrolled there, but educational decisions can fall within the allocation of significant decision-making responsibilities.
Under 750 ILCS 5/602.5, education is expressly identified as a significant issue. When parents share educational decision-making authority, one parent ordinarily should not make a major school change simply because that parent has obtained a new residence.
If the parents disagree, the court may need to consider the child’s adjustment to the existing school, the quality and practical suitability of the proposed school, transportation, each parent’s involvement, and other best-interest considerations. The housing decision and school decision therefore need to be considered together rather than treated as unrelated issues.
Do Not Move First And Ask Permission Later
A parent who believes a move will obviously benefit the child may be tempted to relocate first and resolve the legal issues afterward. That approach can create unnecessary problems, especially when the move qualifies as a statutory relocation or conflicts with an existing parenting plan or court order.
Courts take compliance with parenting orders seriously. A unilateral move may also affect the judge’s assessment of whether the parent is willing to facilitate a close relationship between the child and the other parent. The law does not require a parent to remain in an unsuitable residence indefinitely, but decisions concerning the child’s primary home should be addressed through the appropriate legal process.
Before moving, I look at the proposed distance, current parenting allocation, school issues, temporary orders, transportation, employment needs, family support, and the likely effect on both parent-child relationships. Those details can determine whether the move is relatively straightforward or becomes one of the major contested issues in the divorce.
Speak With The Law Office Of Fedor Kozlov About Filing For Divorce
A move from Chicago to the suburbs may appear to be a straightforward housing decision, but when children are involved, it can affect parenting time, school enrollment, parental responsibilities, transportation, and the final terms of a divorce. The exact distance of the move matters, but distance is not the only consideration. The child’s existing relationships, educational needs, established routines, and ability to maintain meaningful contact with both parents can all become part of the legal analysis.
If you are considering moving from Chicago to Schaumburg or another suburb during or after a divorce, it is important to determine whether the move qualifies as a statutory relocation before changing your child’s residence. If the other parent is proposing a move that could disrupt your parenting time, acting early can also be important because relocation disputes often involve notice requirements, proposed parenting schedules, school decisions, and detailed evidence concerning the child’s best interests. Contact our Schaumburg divorce attorney at the Law Office of Fedor Kozlov at (847) 241-1299 to receive a consultation.
