Relocating with Children in Illinois

Moving with your child after a divorce or separation in Illinois is not as simple as packing boxes. Illinois law imposes strict requirements on parents who want to relocate with a child, and the rules depend on where you currently live, how far you plan to move, and whether the other parent consents. The governing statute is 750 ILCS 5/609.2, and violating it can result in sanctions, a denial of your relocation request, or a modification of custody in favor of the other parent.

This article explains what triggers the relocation statute, the distance thresholds, the notice requirements, the 11 factors courts consider, and the burden of proof for both the relocating and objecting parent.

What Counts as a Relocation

Not every move triggers the formal relocation process. Under 750 ILCS 5/609.2, a “relocation” occurs when a parent wants to move with the child beyond a specified distance from the child’s current residence. Illinois uses different distance thresholds depending on the county:

• 25 miles for parents residing in Cook County or the collar counties (DuPage, Kane, Lake, McHenry, and Will)
• 50 miles for parents residing in all other Illinois counties
• 25 miles for any move from Illinois to another state, regardless of the county of residence

These thresholds apply to the distance between the current residence and the proposed new residence, measured in a straight line. A parent who moves within these distance limits does not need to go through the formal relocation process under Section 609.2, though the move may still require a modification of the parenting plan if it affects parenting time logistics.

The 60-Day Notice Requirement

A parent who intends to relocate must provide written notice to every person with parenting time or custody rights at least 60 days before the planned move. The notice must be sent by certified mail, return receipt requested, and must include:

1. The intended date of the relocation
2. The address of the intended new residence (or, if the exact address is not yet known, the city, state, and zip code)
3. The length of time the relocation will last (if it is not permanent)
4. A statement that the other parent may object within 30 days of receiving the notice
5. A proposed revised allocation of parenting time

If the relocating parent does not know the other parent’s current address, they may request court permission for alternative notice.

Emergency situations. In cases involving domestic violence or other emergencies, a parent may petition the court for permission to relocate on an expedited basis without the full 60-day notice period. However, these exceptions are narrow and require court approval.

Failure to give notice. Moving without providing the required 60-day notice is a serious violation. The court may consider the failure to comply as a factor in deciding the relocation request, may order the child returned to the original residence, and may award attorney’s fees to the objecting parent.

The Objection Process

After receiving the relocation notice, the non-relocating parent has 30 days to file a written objection with the court. If no objection is filed within 30 days, the relocating parent may proceed with the move without further court approval, provided the proposed revised parenting schedule maintains the non-relocating parent’s involvement.

If the non-relocating parent files a timely objection, the relocation cannot proceed until the court holds a hearing and issues a ruling. The court must schedule the hearing promptly, and both parties will have the opportunity to present evidence.

If the non-relocating parent files an objection but the parties later reach an agreement on revised parenting time, they can submit an agreed order to the court for approval, avoiding a contested hearing.

The 11 Statutory Factors

When a relocation is contested, 750 ILCS 5/609.2(g) requires the court to consider 11 factors in deciding whether to allow the move:

1. The circumstances and reasons for the intended relocation. The court examines whether the relocating parent has a legitimate, specific reason for the move — a concrete job offer, proximity to family support, or a new spouse’s employment — as opposed to a vague desire to start fresh or limit the other parent’s involvement.

2. The reasons, if any, why a parent is objecting. The court also scrutinizes the objecting parent’s motives. An objection based on genuine concern for the child’s well-being carries more weight than one motivated by a desire to control the other parent.

3. The quality and nature of the child’s relationship with both parents and with siblings. Courts evaluate the depth and quality of the child’s bonds with each parent and any siblings who would be affected by the move.

4. The child’s age, developmental stage, and the effect of the relocation on the child’s physical, educational, and emotional development. A move that disrupts a teenager’s final years of high school may be viewed differently than a move with a preschool-age child.

5. The quality of life, resources, and opportunities available in the proposed new location and the current location. The relocating parent should present evidence of schools, neighborhoods, employment, healthcare, and community resources at the proposed destination.

6. The availability of alternative arrangements to foster and continue the child’s relationship with the non-relocating parent. Can extended summer parenting time, holiday schedules, and virtual communication maintain a meaningful relationship? The relocating parent must propose a workable plan.

7. The minimization of the impact of the relocation on the child. Courts favor parents who take concrete steps to reduce the disruption — offering to cover transportation costs, facilitating video calls, maintaining holiday schedules, and ensuring the transition is gradual.

8. Whether court-ordered terms and conditions can be modified to accommodate the relocation. The court considers whether the existing order can be practically adjusted to work with the new distance.

9. The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent. A relocating parent who has historically supported the child’s relationship with the other parent has a stronger case than one who has interfered with parenting time.

10. The child’s wishes, taking into account the child’s age and maturity. Older children’s preferences carry more weight. The court may interview the child in chambers or receive testimony through a guardian ad litem.

11. Possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances. This is a practical factor — can the parents afford the travel, and is the proposed schedule realistic given their work obligations and finances?

Burden of Proof

The burden of proof in Illinois relocation cases depends on the existing parenting arrangement:

• If the relocating parent has the majority of parenting time (more than the other parent), the burden is on the non-relocating parent to show that the relocation is not in the child’s best interests.
• If the parents have substantially equal parenting time, or if the non-relocating parent has the majority of time, the burden falls on the relocating parent to prove that the relocation serves the child’s best interests.

This allocation of burden matters significantly. The parent who bears the burden must present persuasive evidence; the other parent can prevail by raising sufficient doubt. Understanding which side bears the burden shapes how each parent prepares their case.

Impact on Parenting Time Allocation

If the court grants the relocation, it must modify the parenting time allocation to accommodate the new distance. Common adjustments include:

• Extended summer parenting time for the non-relocating parent, often six to eight consecutive weeks
• Alternating school breaks — spring break with one parent, winter break with the other, rotating annually
• Holiday schedules that account for travel time
• Virtual parenting time through regular video calls and phone contact
• Transportation cost sharing — the court may order the relocating parent to bear a greater share of travel costs, particularly if the move was their choice

The revised schedule should be as specific as possible to reduce future conflict. Vague language like “reasonable parenting time” creates problems when the parents live hundreds of miles apart.

Relocation Without Permission

A parent who relocates with the child without following the statutory process faces serious consequences. The court may:

• Order the immediate return of the child to the original residence
• Hold the relocating parent in contempt of court
• Modify the allocation of parenting time in favor of the non-relocating parent
• Award attorney’s fees and costs to the non-relocating parent
• Consider the unauthorized move as evidence of the relocating parent’s unwillingness to support the child’s relationship with the other parent

For a broader discussion of relocation issues in custody cases, see our national article on relocating with your child after divorce. For more on Illinois parenting arrangements, see our guide on parental responsibility in Illinois.

What to Do Next

If you are considering a relocation or responding to one in Illinois, take these steps:

1. Determine whether your move triggers the statute. Measure the distance from your current residence to the proposed new residence. Check whether you are in Cook/collar counties (25-mile threshold) or elsewhere (50-mile threshold).
2. Provide timely notice. If the statute applies, send the 60-day written notice by certified mail with all required information, including a proposed revised parenting schedule.
3. If you received a relocation notice, respond within 30 days. File your written objection with the court before the deadline expires. Missing the 30-day window may allow the relocation to proceed without a hearing.
4. Build your case around the 11 factors. Whether you are seeking or opposing the relocation, organize your evidence around each statutory factor. Specific, documented evidence is far more persuasive than general statements.
5. Consult an Illinois family law attorney. Relocation cases are high stakes and fact-intensive. Schedule a consultation with an attorney experienced in Illinois relocation cases to evaluate your situation and protect your parenting rights.

Frequently Asked Questions

Can I move to another state with my child?

Moving with a child typically requires either the other parent’s consent or court approval. Most states require advance written notice — often 30 to 90 days. The court will evaluate whether the move is in the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the other parent, and the proposed visitation schedule.

What happens if I move without court approval?

Relocating without proper notice or court approval can result in contempt of court charges and may negatively affect your custody case. The court could order you to return the child and may modify custody in favor of the other parent.

Do courts favor mothers over fathers in custody cases?

Legally, no. Modern family law requires courts to evaluate custody based on the child’s best interests without regard to the parent’s gender. While historical bias existed, courts today increasingly award shared custody to both parents when both are fit and involved.

What can fathers do to strengthen their custody case?

Fathers should stay actively involved in their children’s daily lives, attend school events and medical appointments, maintain a safe and stable home, document their involvement, and avoid conflict with the other parent. Consulting a family law attorney early can help develop the strongest case.