My Ex Wants to Move with My Child – Can I Stop Her?

 Posted on February 07, 2025 in Child Custody

So, you made it through your divorce and the allocation of parental responsibilities. You and your ex put together a parenting plan that seems to be working well. Your life, your child’s life, and your parenting relationship with your ex have all settled into a routine that is, for the most part, satisfying. Then, one day, seemingly out of left field, your ex-spouse tells you she plans on moving.

Not just to another city in Illinois but to another state that is a significant distance from where you live and work. Understandably, you are upset and perhaps even angry. You currently have liberal parenting time with your child and can see that changing drastically if this move occurs. What should you do?

Can you stop your ex from taking your child that far away? You need an experienced Rolling Meadows, IL family law attorney who knows the legalities of the situation and can guide you through the process once you have made a decision on what you will do.

Does My Ex Need My Approval to Move with My Child?

When a parent who has equal parenting time or the majority of parenting time wants to move out of state with a minor child, that parent must either have approval from the child’s other parent or approval from the court. Obviously, the easiest path is when the other parent agrees.

Under Illinois law, a parent awarded equal parenting time or the majority of parenting time must provide the other parent with his or her intent to relocate in writing. Barring any extenuating circumstances, this notification must be sent to the other parent at least 60 days before the intended relocation. This notification must include:

• When the move is expected to occur
• What the new address for the child would be
• How long the relocation is expected to last.

If the non-relocating parent agrees and signs the notification, it will be filed with the Illinois family court. The parenting plan will be modified depending on the terms the parents have agreed to. This assumes the court believes the move is in the best interests of the child. So, even though a parent agrees to the move, the court may not necessarily allow it.

What if the Non-Relocating Parent Objects?

If the other parent objects, the parent who wants to move must file a petition for permission to relocate. The court will consider the reasons for the move and whether the move will enhance the child’s quality of life when determining whether to approve the move or deny it.  

The court will first determine the motivation behind the other parent’s objection to the move, whether a reasonable parenting schedule could be reached, and how that schedule would affect the child. Perhaps the parent wants to move for a better job opportunity, a better school for the child, or to be closer to family members.

How far away the parent plans to move with the child will be a factor, as the court will consider the cost for the non-relocating parent in terms of extra travel time, paying for airline tickets, etc.  The history and quality of each parent’s relationship with the child, along with the wishes of the child (if he or she is mature enough to make such a decision), will also be considered.

Contact an Arlington Heights, IL Allocation of Parental Responsibilities Attorney

It should be noted that relocating out of state without approval from the court or the other parent can potentially result in the loss of custodial rights. It is important that you speak to a highly skilled Rolling Meadows, IL allocation of parental responsibilities lawyer from Law Offices of Donald J. Cosley.

Attorney Cosley personally handles all aspects of his cases, and you will speak directly to him when you call with questions about your case. Call 847-253-3100 to schedule your free consultation.