Can My Ex Move Out of Illinois With Our Child?
Sharing custody is tough enough when you live in the same city—but what happens when your ex wants to pack up and move out of Illinois with your child? If you’re feeling anxious about what that means for your parenting time, you’re not alone. The good news? Illinois law has clear rules about when a parent can move with a child—and what steps they must take first.
How Far Can a Parent Move Without Court Permission?
Under the Illinois Marriage and Dissolution of Marriage Act, a custodial parent (or one with majority parenting time) can’t just move anywhere they want with your child. Here's what the law allows without needing court approval:
If your ex lives in Cook, Lake, McHenry, Will, DuPage, or Kane County, they can move up to 25 miles away within Illinois.
If they live in any other Illinois county, the limit is 50 miles.
If they’re near the Illinois border, they can even move into another state, as long as it's within 25 miles of their current home.
Any move beyond these distances? That requires notice and court approval.
Do They Have to Tell Me If They’re Moving?
Yes—they must tell you. If your ex is planning to move outside the allowed distance, they have to send you written notice with:
The planned move date
Their new address
Whether it’s a permanent or temporary move
And how long they’ll be staying (if it’s temporary)
This notice should come at least 60 days in advance, unless there’s an urgent reason they can’t give that much notice (like a sudden job offer). Either way, they still need to let you know as soon as possible.
What If I Don’t Agree With the Move?
You have the right to object.
If you don’t agree with the move, you can refuse to sign the relocation notice. That means your ex will need to go to court and file a formal petition asking for permission to relocate with your child.
The court will then look at several things, including:
Why your ex wants to move
What kind of opportunities the move offers the child
How the move might impact your relationship with your child
In the end, the judge will always make a decision based on what’s in the child’s best interest.
What If My Ex Moves Without Telling Me?
If your ex tries to move without following the rules—no notice, no court filing—it may come with legal and financial consequences.
Judges do not look kindly on a parent who hides their plans or ignores the law. In fact, that kind of behavior can work against them when the court is deciding whether to approve the move.
They could even be ordered to pay your legal fees for fighting the unauthorized relocation.
You Don’t Have to Navigate This Alone
Even if your ex has a perfectly reasonable reason for moving, you still have every right to protect your time and relationship with your child.
Lake County family law attorney Alan Lenczycki is here to help you understand your rights and fight for the best outcome. If you're facing a potential relocation issue, get answers now—before the moving trucks show up. Contact Alan today for your free and confidential consultation. 847-262-9888.
For more information on custody matters, check out the blogs below by Alan Lenczycki:
Parenting Plans in an Illinois Divorce
Modifying Child Support When Unemployed in Illinois
Enforcing Child Support and Parenting Plans in Lake County, IL
Modifying Your Parenting Plan in Illinois
When Does Illinois Restrict Parenting Time?
