Can I Stop My Ex From Moving With My Child?

 Posted on August 31, 2025 in Child Custody

If your ex wants to move with your child, you may naturally have some strong feelings about it. You may wonder what you can do, if anything, to object to a proposed relocation. To protect your parental rights, consider working with a Kane County, IL child custody attorney.

At Weiler & Associates, Inc., we understand how impactful a relocation can be for parents without primary custody. We can represent you in a hearing to challenge a parental relocation to preserve your relationship with your child. Attorney Tim Weiler is an aggressive advocate, and in the past, he has successfully argued in front of the Illinois Supreme Court.

When Does a Parent Need Permission to Move in Illinois?

Illinois has specific laws about parental relocations. In some cases, your ex may not need approval to seek a change in address. This depends on the distance of the move and the county your ex resides in. A parental relocation is defined under state law (750 ILCS 5/600) as:

• Moving more than 25 miles away from Cook, Kane, DuPage, Lake, McHenry, or Will County

• Moving more than 50 miles away from one of the counties not listed above

• Moving more than 25 miles from your current residence to a state outside of Illinois

To determine the distance, the courts refer to straight-line distances, commonly called "as the crow flies." If your ex’s move qualifies as a relocation, he or she must give you at least 60 days’ notice ahead of time.

Can I Object to a Parental Relocation?

As a parent, you have a right to object to a proposed relocation. This will give you the chance to voice your concerns in a formal hearing in front of a judge.

You may raise different concerns about your ex’s move. For instance, you could suggest that the move would significantly impair your relationship with your child. Alternatively, if you feel that the move is intended to cut you out of the child’s life, your ex’s motivations could be examined by the judge. At Weiler & Associates, Inc., we can speak on your behalf and properly convey your worries to the court.

Are The Child’s Best Interests Relevant in Parental Relocations?

One thing to keep in mind with a parental relocation is that the discussion will always center around what is best for the child. Before making a decision about a relocation and a potential modification of custody, the judge will consider:

• The child’s educational opportunities at the new and old addresses

• The child’s extended family at the new and old addresses

• The impact of the move on the child

• The child’s preference, factoring in age and maturity

• Any other factors concerning the child’s best interests

If the court decides the move is in the child’s best interests, the relocation may be permitted. If this comes to pass, we can help you negotiate for a healthy custody arrangement that lets you exercise your parental rights.

Contact a St. Charles, IL Family Law Attorney

At Weiler & Associates, Inc., we are here to advocate for you in a relocation dispute. To schedule an initial consultation with our Kane County, IL child custody lawyers, call our offices at 630-331-9110 today.