New Laws For Post-Divorce Child Relocation

Posted by Erin Birt | Jan 06, 2016 | 0 Comments

Post-divorce custodial parents and children looking to relocate inside or outside of Illinois should be aware of new laws and procedures for this situation effective in 2016. There are new Illinois laws for post divorce child relocation.

See the brief outline below, and consider reviewing your specific circumstances with a qualified Illinois divorce attorney and/or engaging collaborative divorce or divorce mediation.


  • Up to now, a post-divorce move out of Illinois with a child has been termed “Removal.” The new law now defines this issue as “Relocation.”

  • Previously, parents and children could relocate anywhere within Illinois without Court approval. Quite often, however, this action negatively affected visitation options between the non-custodial parent and the child, resulting in the following changes:

    • For residents of Cook, DuPage, Kane, Lake, McHenry, or Will Counties who will move more than 25 miles from their current location, a visitation/parenting agreement must be reached between the parties or a Court petition filed requesting the right to relocate.

    • For residents of all other Illinois counties, the above actions are required for moves of 50 miles or more.

  • The parent seeking to relocate with a child must provide the other parent with a 60-day written notice of the intent to relocate.


All of this means that the relocating parent must be very prepared and take action well before this planned post-divorce modification. I discuss in the video below why collaborative divorce is now even more important for resolving post divorce child relocation issues in an Illinois Divorce.

A qualified DuPage County divorce attorney can help ensure that notice of this child relocation is properly written and sent within the required time frame and that any petition filed or agreement reached complies with the new 2016 divorce and parentage laws.

As a divorce lawyer trained in family mediation, I can help you navigate these new laws so your relocation is a positive experience for everyone involved. Contact me to learn more. Be sure to download our free Collaborative Divorce Knowledge Kit as well.

About the Author

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.


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