Relocating With Children After Divorce: What Parents Need to Know
By James D. Greenwood, Esq. | Greenwood Law | Family Law
Relocating after a divorce can offer a fresh start, but when children are involved, it introduces significant legal and emotional considerations. Whether you're moving for a new job, family support, or a better quality of life, relocating with a child is rarely a simple decision.
At Greenwood Law, we help parents in Illinois, Iowa, and beyond understand the legal requirements before making a move. Family courts closely regulate these moves to ensure that a child's best interests remain the top priority.
Why Relocation Is Legally Complex
After divorce, custody and parenting time arrangements are typically governed by a court order. Relocating even within the same state can disrupt arrangements and may require formal legal approval.
In most cases:
- You cannot move with your child without notifying the other parent or obtaining consent.
- If the other parent objects, court approval is usually required before relocating.
- Moving without following the proper legal process can result in serious consequences, including custody modifications or being ordered to return the child.
The "Best Interests of the Child" Standard
At the center of any relocation case is one guiding principle: the best interests of the child.
Courts do not focus solely on what is best for the parent who wants to move. Instead, judges evaluate how the relocation will affect the child's overall well-being.
Common Factors Courts Consider:
- The reason for the move (e.g., job opportunity, family support)
- The child's relationship with each parent
- The impact on the child's education, social life, and stability
- Whether the move will improve the child's quality of life
- The ability to maintain meaningful contact with the non-moving parent
- The child's age and, in some cases, their preferences
If the move would significantly harm the child's relationship with the other parent or disrupt stability, courts may deny the relocation.
Notice and Consent Requirements
One of the most important legal steps is providing proper notice.
Across many states:
- Parents must give written notice 30–90 days before the move
- The notice typically includes the new address, reason for the move, and a proposed parenting schedule
Failure to follow notice requirements can negatively impact your case and credibility with the court.
Illinois Relocation Rules
For parents in Illinois, relocation is governed by the Illinois Marriage and Dissolution of Marriage Act.
What Qualifies as a Relocation?
- More than 25 miles (in certain counties) or 50 miles (in others) within Illinois
- More than 25 miles and crossing state lines
Key Requirements:
- Provide at least 60 days' written notice to the other parent
- Obtain written consent or court approval if the move meets relocation thresholds
If the other parent objects, the court will decide whether the move is in the child's best interests and may modify parenting time accordingly.
Iowa Relocation Rules
In Iowa, relocation laws also focus heavily on the child's best interests.
Important Considerations:
- Moves of 150 miles or more typically trigger legal requirements under Iowa law
- The relocating parent must provide advance written notice
- Court approval is often required if the move significantly affects custody or visitation
Iowa Courts Evaluate:
- The reason for the move
- The effect on the child's relationship with the other parent
- The child's needs and development
- Whether visitation can realistically continue
Modifying the Parenting Plan
Relocation almost always requires changes to the existing parenting plan.
Courts may:
- Adjust visitation schedules (e.g., longer visits during school breaks)
- Allocate travel responsibilities between parents
- Incorporate virtual parenting time (e.g., video calls)
The goal is to preserve the child's relationship with both parents as much as possible.
Practical and Emotional Considerations
Beyond legal requirements, parents must also consider the real-world impact of relocation on their children.
Emotional Impact:
- Friendships and social connections
- School stability and academic performance
- Emotional well-being and routine
Co-Parenting Challenges:
- Increased travel costs
- Less frequent in-person contact
- Greater need for communication and cooperation
Courts often favor parents who demonstrate a willingness to foster the child's relationship with the other parent.
Tips for Parents Considering Relocation
To strengthen your position and protect your child's well-being:
- Review your custody order carefully for relocation clauses
- Provide timely and complete written notice
- Document the benefits of the move (education, job stability, family support)
- Propose a realistic revised parenting plan
- Consider mediation before going to court
Final Thoughts
Relocating with children after divorce is one of the most challenging issues in family law. While a move may offer new opportunities, it must be carefully balanced against the child's need for stability and ongoing relationships with both parents.
Relocation laws vary by state and the stakes are high. Working with an experienced family law attorney can help ensure you follow the correct process and advocate effectively for your child's best interests. At Greenwood Law, we help individuals and families navigate divorce and family law matters across Illinois and Iowa. Contact us for a free consultation today.
Disclaimer: This post provides general information and is not legal advice. Laws change and vary by jurisdiction; please consult an attorney licensed in your state about your specific circumstances.