Can I Relocate with My Child After Divorce Without the Other Parent’s Consent?

Can I Relocate with My Child After Divorce Without the Other Parent’s Consent?

Life rarely stands still, especially after divorce. Opportunities arise, challenges emerge, and at times, moving to a new city or state feels like the best choice for you and your family. But what happens when you’re a divorced parent wanting to relocate with your child? Do the courts need to get involved? And crucially, can you do it without the other parent’s consent in Illinois?

At SAM LAW OFFICE, LLC, we have years of experience guiding parents through the complexities of post-divorce legal challenges. The answer to your question really depends on the distance of the move and the reasons behind it. To help you navigate this process with confidence, we’ve outlined everything you need to know about relocating with your child after a divorce.

Relocation vs. Non-Relocation in Illinois

The first question to address is whether your planned move qualifies as a “relocation” under Illinois state law. A move isn’t always considered relocation, and this distinction determines whether you need court approval or the other parent’s consent.

Definition of Relocation in Illinois

Under Illinois law, you are considered to be “relocating” if:

• You plan to move more than 25 miles from your current residence and live in Cook, DuPage, McHenry, Kane, Lake, or Will Counties.
• You plan to move more than 50 miles from your current residence in any other Illinois county.
• You plan to move outside of Illinois further than 25 miles.

If your move meets these criteria, specific legal steps apply. If not, and you have the majority of parenting time, you generally don’t need the other parent’s consent or court approval to proceed.

Steps for Legal Relocation

When a relocation qualifies under Illinois law, there are specific steps you must follow:

Step 1: File a Notice of Relocation

If you’re planning a move, file a Notice of Relocation and serve it to the other parent at least 60 days before the move. This notice should include:

• The date of the planned move.
• The new address (if known).
• The reason for the relocation.

If circumstances prevent you from giving 60 days’ notice, provide it as soon as possible.

Step 2: Obtain Parental Consent

If the other parent agrees to the move, ask them to sign the Notice of Relocation. Once signed, file the notice with the court. This process avoids the need for additional court hearings, allowing you to proceed with the move and update the existing parenting plan or custody agreement as needed.

Step 3: Petition to Relocate (If Consent is Not Given)

If the other parent does not agree to the move, you’ll need to file a Petition to Relocate with the court. A judge will then schedule a hearing to determine whether the relocation is in your child’s best interests.

Factors Considered by the Court

If your relocation requires a court hearing, the judge will carefully evaluate multiple factors to determine how the move would impact your child. These factors include:

• The child-parent relationship: How close and involved is each parent in the child’s life?
• The reasons for the move: Is the relocation tied to better job opportunities, family support, or improved living conditions?
• Education opportunities: How do schools and extracurricular opportunities in the new location compare to the current area?
• Parenting time arrangements: Can a new arrangement be made to maintain meaningful contact between the child and the other parent?
• Extended family connections: How will the move affect relationships with grandparents, siblings, and other relatives?
• Impact on the child’s well-being: Will the relocation cause significant disruption to the child’s routine and emotional health?
• The child’s wishes (if they are mature enough): The court may consider the child’s preference when making a decision.

Practical Tips for Parents Considering Relocation

Securing court approval for relocation can be challenging, particularly if the other parent strongly opposes the move. However, presenting a well-prepared case that focuses on the child’s best interests can improve your chances of achieving a favorable outcome. Here are some practical tips to consider.

1. Document the Basics

Keep records of your reasons for relocating, such as better job opportunities, educational benefits for your child, or proximity to family support. This documentation can be persuasive evidence during a court hearing.

2. Maintain Communication

If possible, keep lines of communication open with the other parent. A cooperative approach to creating new parenting time arrangements can benefit everyone involved, especially your child.

3. Consider Mediation

If disagreements arise, mediation can serve as an alternative to court proceedings, focusing on collaborative solutions while minimizing stress.

4. Plan Ahead

Start the relocation process as early as possible. Filing the required notices and petitions on time is vital for avoiding unnecessary delays.

5. Hire an Attorney

Work with a family law attorney who understands the complexities of relocation laws, especially in cases where parental consent is an issue. They can help protect your rights and fight for the best outcome for you and your child.

The Bottom Line for Child Relocation Cases

Relocating with a child after divorce is rarely a simple decision. It impacts not just your life but also the life of your child and their relationship with the other parent. Following the legal process is essential to avoid conflicts and protect everyone’s rights.

If you’re considering a move, SAM LAW OFFICE, LLC is here to guide you every step of the way. Our team of experienced attorneys will advocate for your needs while prioritizing your child’s well-being. Contact us today to start building your path forward.