Can I Make a Big Purchase During an Illinois Divorce?
A new job, a new partner, or just a fresh start in another town. Parents move after divorce for all kinds of ordinary reasons. But if you share parenting time with your child's other parent, Illinois law puts real limits on how far you can go without notice and, sometimes, without a judge's approval.
What Counts as a "Relocation"
Not every move triggers the relocation rules. They apply to a parent who has the majority of parenting time, or to either parent when parenting time is split equally. Whether a specific move counts as a legal "relocation" comes down to distance, and Illinois measures that distance in a specific way, using an internet mapping service and the shortest reasonable route, not a straight line on a map or your own estimate of how far it feels.
The Mile Rules, Exactly
Under 750 ILCS 5/600(g), which defines relocation for purposes of 750 ILCS 5/609.2, the threshold depends on where your child currently lives.
- If your child's current home is in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving to a new home within Illinois that is more than 25 miles from the current home counts as a relocation.
- If your child's current home is in any other Illinois county, moving to a new home within Illinois that is more than 50 miles away counts as a relocation.
- Moving out of Illinois entirely counts as a relocation once the new home is more than 25 miles from the child's current home, regardless of which county you started in.
A move that stays under these thresholds is not a legal relocation, and does not require the notice or court process described below, though it is still worth telling the other parent as a matter of practice. Your own parenting plan may also set stricter notice terms than the statute requires, so read it alongside the law rather than instead of it.
Why the County Lines Matter
The lower 25 mile threshold for the six collar counties exists because those areas are dense and a 25 mile move can still land a child in a different school district, a different set of grandparents' reach, and a genuinely different daily life, even though the same distance in a rural downstate county might barely change the child's routine at all. That is the reasoning behind the split threshold, and it is worth understanding rather than treating the number as arbitrary.
The 60 Day Notice
If your move meets the relocation threshold, 750 ILCS 5/609.2(d) requires written notice to the other parent at least 60 days before the move, unless that is genuinely impracticable given the circumstances. The notice has to include the intended new residence, the date of the move, and a statement that the other parent has a right to object. A copy of that notice also has to be filed with the clerk of the circuit court. Skipping this step, or springing the move on the other parent with little warning, is one of the fastest ways to turn a routine move into a contested court fight.
If the Other Parent Agrees
If the other parent signs off on the notice, the move can generally proceed without a court hearing, and the agreement gets filed with the court so the parenting plan reflects the new arrangement. This is the outcome in most relocation cases. Most parents, even ones who do not agree on much else, can work out an updated schedule once they understand what is actually being proposed and how the child's time with each of them will actually work after the move.
If the Other Parent Objects
If the other parent objects, or simply does not respond, the parent who wants to move has to ask the court for permission. The judge decides based on the child's best interests, not either parent's preference alone. Under 750 ILCS 5/609.2(g), the court weighs factors including the circumstances and reasons for the move, the reasons for the objection, the history and quality of each parent's relationship with the child, educational opportunities at both locations, the presence of extended family at each location, the anticipated impact of the move on the child, whether a reasonable parenting time schedule can be worked out despite the distance, the child's wishes depending on age and maturity, and any other factor relevant to the child's welfare. No single factor decides the case on its own, and a judge who has heard hundreds of these disputes is looking at the whole picture, not one compelling detail either parent raises.
A parent who moves without waiting for that decision, when the other parent has objected, risks being ordered to move back or facing other consequences in the case, including a shift in parenting time toward the parent who stayed put.
What Happens If You Move Without Notice
Moving with your child before giving proper notice, or after an objection without court approval, can be treated as a violation of the parenting order. That can lead to a motion to return the child, a change in the parenting schedule, or a finding of contempt. Courts do not look kindly on a parent who tries to make a move a settled fact before anyone else has a chance to weigh in.
When to Get Help
If you are thinking about a move, or you just found out your child's other parent is planning one, the sooner you get real advice the more options you have. Jeff McCarthy handles parenting time and relocation matters for families throughout Lockport, Joliet, and Will County. Call (815) 838-5297 before you sign a lease or put down a deposit.
Related: Child Custody & Parenting Time · Illinois family law FAQ
Questions People Ask
How far can I move with my child after an Illinois divorce without court approval?
It depends on the county. Under 750 ILCS 5/600(g), if your child's home is in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving more than 25 miles within Illinois counts as a relocation. In any other Illinois county, the threshold is more than 50 miles. Moving out of state counts as relocation once you are more than 25 miles from the child's current home. A move under these thresholds does not trigger the formal notice and court process.
How much notice do I have to give the other parent before relocating with my child in Illinois?
Under 750 ILCS 5/609.2(d), you must give written notice at least 60 days before the move, unless that is genuinely impracticable. The notice must include the intended new residence, the move date, and a statement that the other parent has a right to object. A copy also has to be filed with the clerk of the circuit court. Skipping this step is one of the fastest ways to turn a routine move into a contested court fight.
What happens if my child's other parent objects to my relocation?
If the other parent objects or does not respond, you have to ask the court for permission to move. Under 750 ILCS 5/609.2(g), the judge decides based on the child's best interests, weighing factors like the reasons for the move and the objection, each parent's relationship with the child, educational opportunities, and whether a reasonable parenting time schedule can still work. Moving before that decision, over an objection, risks being ordered to move back.
