What Happens if Your Ex Wants to Relocate?
As a child custody attorney in Schaumburg, I’ve had many clients come to me with serious concerns when they learn their ex is planning to relocate with their child. These situations are emotionally charged, and they raise important legal questions. You may be asking yourself—can my ex just move? Will I lose parenting time? What are my rights? These are not simple issues, but Illinois law does provide clear procedures to protect parental rights and the best interests of your child.
Whether you’re the parent hoping to move or the one opposing the relocation, it’s important to understand how the law works. Relocation cases are not just about distance—they’re about how the move will affect your child’s life and their relationship with both parents. If your parenting plan was entered in Illinois, then your case will be governed by Illinois law, particularly under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). If you’re facing a relocation issue, here’s what you need to know.
What Counts As A Relocation Under Illinois Law
Not every move qualifies as a “relocation” under Illinois law. Under 750 ILCS 5/600(g), relocation is defined based on the county where the child currently lives:
- If the child resides in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move is considered a relocation if it is more than 25 miles from the child’s current primary residence.
- If the child resides in any other Illinois county, the move must be more than 50 miles to be considered a relocation.
- Any move outside of Illinois qualifies as a relocation, regardless of distance.
If the move is within these limits, your ex does not need court permission to move. However, if it meets the relocation threshold, the law requires additional steps.
Relocation Requires Notice And Possibly Court Approval
Under 750 ILCS 5/609.2, the parent who wants to relocate must provide written notice to the other parent at least 60 days in advance unless it’s impractical. This notice must include:
- The intended date of the move
- The new address
- The length of the relocation (temporary or permanent)
The parent must also file a copy of this notice with the court. If you agree to the relocation, you can sign the notice, and the court may approve it without a hearing. However, if you do not agree, then the parent seeking to relocate must file a petition to relocate with the court, and the judge will decide whether the move is in your child’s best interest.
How Courts Decide Relocation Requests
The judge will evaluate a relocation request using several factors listed in 750 ILCS 5/609.2(g). These include:
- The reason for the move
- The other parent’s reasons for objecting
- The history and quality of each parent’s relationship with the child
- The educational opportunities at the current and proposed locations
- The presence of extended family
- The impact on the child’s emotional, physical, and developmental needs
- Whether the move will enhance the child’s quality of life
- The ability of the court to modify the parenting schedule to preserve the child’s relationship with both parents
The court’s primary focus is the best interest of the child, not the convenience of either parent.
Opposing A Relocation Request
If you oppose the relocation, you’ll need to respond promptly to the petition and be prepared to present evidence showing that the move would harm your child’s well-being or significantly reduce your parenting time. I often work with parents to demonstrate that relocation would make it harder to maintain a meaningful relationship with the child, disrupt their schooling or support system, or otherwise negatively affect them.
Modifying The Parenting Plan After A Move
Even if the relocation is approved, the parenting plan must be updated to reflect the new circumstances. This may involve changing the parenting time schedule, transportation responsibilities, holiday schedules, and communication guidelines.
In some cases, relocation means shifting to longer visits during school breaks and summer vacations. Courts will try to maintain frequent and meaningful contact with the non-moving parent, even if visits become less frequent due to distance.
Frequently Asked Questions About Parental Relocation In Illinois
Can My Ex Move Without Telling Me?
No, not if the move qualifies as a relocation under 750 ILCS 5/600(g). Your ex must provide written notice at least 60 days in advance and file it with the court. If they fail to do this, they may be in violation of your parenting plan and subject to legal consequences.
What If I Already Have Sole Decision-Making Authority?
Even if one parent has sole decision-making authority, relocation still requires proper notice and court approval if the move qualifies under Illinois law. Decision-making authority does not override the other parent’s rights regarding parenting time and involvement in relocation decisions.
Can The Court Deny A Relocation Request?
Yes. The court can deny the relocation if it determines that the move is not in the best interest of the child. Judges carefully weigh the benefits of the move against the potential harm to the child’s relationship with the non-moving parent. The parent seeking relocation must provide strong evidence that the move will improve the child’s life overall.
What Happens If My Ex Moves Without Court Permission?
If your ex relocates without following the law, you can file a motion with the court to enforce your rights and potentially request that the child be returned. The court may impose penalties, including modifying custody or parenting time arrangements or finding the relocating parent in contempt.
What If I Want To Move With My Child?
If you are the parent wishing to relocate, it’s important to follow every legal step carefully. I recommend giving proper notice and being prepared to show how the move will benefit your child. You’ll also need to propose a reasonable plan to maintain the other parent’s involvement and contact with the child.
Does The Court Always Side With The Parent Who Wants To Move?
No. While courts understand that people sometimes need to relocate for work, education, or personal reasons, the child’s best interest remains the top priority. Each case is decided individually, and the court will consider how the move affects the child—not just the relocating parent.
Contact Our Schaumburg Child Custody Lawyer To Protect Your Rights
Relocation cases can be complex and emotionally charged. Whether you’re planning a move or trying to stop one, you need a legal strategy that protects your rights and your child’s future. I’ve represented both sides of these disputes and understand what it takes to present a strong case in court. My goal is always to help you preserve your relationship with your child while complying with Illinois law.
If you’re dealing with a potential relocation, let’s talk about your rights and the next steps. Contact our Schaumburg child custody attorney at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. I represent clients throughout Schaumburg, Cook County, and the greater Chicago area in all child custody and visitation matters. Let’s work together to protect what matters most—your relationship with your child.
