What Happens if My Ex Moves Out of State Without Telling Me?

 Posted on July 30, 2025 in Child Custody

Few situations are more frightening than realizing your ex has left Illinois with your child and failed to tell you. Whether you share custody or have a parenting plan in place, your rights as a parent matter, and Illinois law has options to address this serious issue.

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2), a parent who wants to move a significant distance away with a child must tell the other parent and, in many cases, get permission from the court. This rule exists to protect both parents’ rights and ensure that children have healthy, consistent relationships with both sides of their family.

If your ex moved across state lines without your knowledge, it may be possible to take legal action and bring your child back to Illinois. Our Rolling Meadows, IL family lawyer can tell you more.

What Does Illinois Law Say About Moving Out of State With a Child?

Illinois law considers any move of more than 25 miles from a parent’s current home in Cook, DuPage, Kane, Lake, McHenry, or Will Counties to be a "relocation." A parent planning such a move must:

• Give the other parent at least 60 days’ written notice of the intended relocation.

• File the notice with the court.

• Obtain either the other parent’s agreement or a court order approving the move.

If your ex did not follow these steps and took your child out of state, they could be in violation of your custody order. Even in cases where no custody order exists yet, courts do not like it when parents make decisions that disrupt the child’s relationship with the other parent.

What Can I Do If My Ex Already Left the State with Our Son or Daughter?

You can file an emergency petition asking the court to order your child’s return to Illinois. Judges handling these cases consider several factors:

• Whether the move was made in good faith or intended to interfere with your parenting rights.

• How the relocation affects the child’s relationship with you.

• Whether your ex has set up a stable environment for the child in the new state.

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Illinois courts can work with courts in other states to enforce custody orders and return children who have been wrongfully removed.

What Are the Consequences of Moving a Child Without Permission?

When a parent moves a child without telling the other parent or getting court approval, the court may order the child to be returned. In some cases, the parent who violated the custody arrangement could face sanctions, including contempt of court charges or limits on future parenting time.

The faster you act, the more options you have. If too much time passes, the other parent may argue that the child has settled into the new location, complicating efforts to reverse the move.

Call an Arlington Heights, IL Child Custody Attorney with Experience Handling Out-of-State Custody Issues

Attorney Cosley has over 30 years of family law experience and personally handles every case. Unlike larger firms, where cases are often passed to paralegals or associates, he provides hands-on service and aggressively pursues his clients’ goals in and out of the courtroom.

If your ex has taken your child out of Illinois without your permission, do not wait to get help. At Law Offices of Donald J. Cosley, our Rolling Meadows, IL child custody lawyer provides compassionate, experienced guidance for parents facing this difficult situation. Call us at 847-253-3100 to schedule your free consultation and protect your parental rights.