When one parent wants to move with a child after a divorce or custody judgment in Illinois, it’s not as simple as packing up and leaving. Illinois law treats this issue very seriously because it directly affects both the child and the other parent’s ability to maintain a meaningful relationship. We often work with parents facing this exact challenge, and we understand how emotional and complex it can be. Whether you’re the parent seeking the relocation or the one opposing it, the court must approve any significant move. Illinois law defines exactly what qualifies as a relocation and what steps must be taken before a parent can legally move.
Under Illinois law, specifically 750 ILCS 5/600(g), a “relocation” is a move of more than 25 miles from a child’s current residence in Cook, DuPage, Kane, Lake, McHenry, or Will County—or more than 50 miles from other Illinois counties—or any move out of state. If a parent wants to move with the child beyond these limits, they must first provide written notice to the other parent and file that notice with the clerk of the court, as required under 750 ILCS 5/609.2(d). This notice must be given at least 60 days before the move unless there is a legitimate reason for shorter notice.
Even if the other parent agrees to the relocation, the notice still must be filed. If the other parent does not agree, the parent who wants to move must file a petition with the court requesting permission. The court does not automatically approve these petitions. Instead, judges examine what is in the best interests of the child. Under 750 ILCS 5/609.2(g), the court considers multiple factors, including:
These cases are highly fact-specific. We work closely with our clients to prepare the necessary evidence to show how a proposed move will affect the child positively or, if we are opposing the move, how it could harm the parent-child bond or create instability.
Moving without court approval can lead to serious legal consequences. The court may order the child’s return, modify parenting time, or even consider the unauthorized move as a reason to change primary custody. Violating relocation laws can also reflect poorly on a parent’s judgment and willingness to cooperate with the other parent, both important factors in custody decisions.
Yes. If a relocation is approved, the parenting plan must be modified to account for the new distances and logistics. That may involve changes to transportation responsibilities, the frequency of parenting time, and long-distance visitation arrangements. We help parents renegotiate or litigate these changes to ensure the new plan is workable and fair.
The sooner you get legal guidance, the better. These cases are time-sensitive and emotionally charged, and the court process can be difficult without proper preparation. Whether you’re looking to move with your child or prevent a move that could limit your parenting time, we can help you understand your rights, prepare your case, and protect your relationship with your child.
Under 750 ILCS 5/600(g), a relocation is defined based on the county where the child currently resides. In the Chicago area—Cook, DuPage, Kane, Lake, McHenry, or Will County—any move of more than 25 miles qualifies. In all other Illinois counties, the move must be more than 50 miles to be considered a relocation. Moving out of Illinois with the child also counts, regardless of distance.
Yes. Even if the other parent agrees, you still need to file written notice with the court. The other parent must sign the notice, and it must be filed at least 60 days before the intended move, as required by 750 ILCS 5/609.2(d). If the other parent does not object, the court may approve the relocation without a hearing, but the legal process still needs to be followed.
If there is no agreement, the parent wishing to relocate must file a petition asking the court to approve the move. The court will schedule a hearing and apply the best interests of the child standard under 750 ILCS 5/609.2(g). Both parents can present evidence supporting their position, and the judge will decide whether the move is allowed.
The judge considers multiple factors, including the impact of the move on the child’s education, emotional well-being, relationships, and access to both parents. The court also evaluates the intentions of each parent, whether the move will improve the child’s quality of life, and if the relocation can support a reasonable parenting schedule for the non-moving parent.
Generally, no. Unless the court grants temporary permission, a parent should not relocate the child before the case is resolved. Doing so without approval can lead to legal sanctions, court-ordered return of the child, and negative consequences for your parenting rights.
Moving a child without proper notice or court approval can result in serious legal consequences. The court may hold the relocating parent in contempt, order the return of the child, or even modify custody to give the other parent more time or control. Courts view unilateral decisions like this as harmful to the child and the co-parenting relationship.
Yes. The court’s focus is the child, not the parent. Even if a new job or relationship seems beneficial for the moving parent, the judge may deny the relocation if it would harm the child’s relationship with the other parent or create instability. Parents must show that the move benefits the child overall.
You’ll need to present strong evidence, such as how the move will disrupt your child’s education, routine, or bond with you. We work with parents to gather school records, expert opinions, and testimony that demonstrate the harm of the proposed relocation. Courts take this opposition seriously when backed by credible evidence.
Do not ignore it. You have the right to object by filing a response with the court. If you don’t act, the court may approve the relocation by default. Contact a family law attorney immediately to evaluate your legal options and preserve your rights as a parent.
Yes. A relocation usually requires updates to the existing parenting plan to account for longer travel times, school schedules, and holidays. The new plan must be approved by the court, and we help parents revise the schedule in a way that works for everyone involved, especially the child.
If you’re thinking about relocating or you’ve received a notice from your co-parent about a move, our attorneys at Gordon & Perlut, LLC can guide you through the legal process and protect your rights as a parent. These cases are time-sensitive and require careful preparation.
If you’re facing a parental relocation matter, contact our Chicago parenting time lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation. We represent clients throughout Illinois in all types of divorce and parenting matters.