By Janice L. Boback, Managing Partner, Anderson Boback & Marshall | Updated September 14, 2026
A move after divorce may improve a parent’s work, housing, or family support. When a child will move too, the decision also affects school, routines, travel, and the child’s relationship with the other parent. Illinois law may require advance notice, the other parent’s agreement, or court approval before the move occurs. Relocation disputes are just one piece of the broader custody landscape; for a wider view of what courts weigh in these cases generally, see this overview of key child custody considerations.
Parents should examine the legal threshold and the practical plan before committing to a home, job start date, or school enrollment. A strong relocation proposal explains how the move will work for the child, not only why the move helps the parent.
Does the Move Legally Count as a Relocation?
The first question is whether Illinois law defines the proposed move as a relocation. Under 750 ILCS 5/600(g), the answer depends on where the child currently lives and the distance to the new primary residence. A relocation includes:
- A move of more than 25 miles within Illinois when the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County.
- A move of more than 50 miles within Illinois when the child’s current primary residence is in another Illinois county.
- A move outside Illinois that is more than 25 miles from the child’s current primary residence.
The statute measures distance by surface roads using an internet mapping service. If the service offers alternative routes, the shortest route controls. A move that crosses a state line is not automatically a statutory relocation when the new home remains within 25 miles, although other legal and practical issues may still need attention.
Am I a Parent Who May Seek Relocation?
Illinois’s relocation statute, 750 ILCS 5/609.2, states that a parent with a majority of parenting time may seek to relocate with the child. Either parent may seek relocation when the parents have equal parenting time.
Parents should review the current allocation judgment rather than relying on an informal routine. The written order identifies the parenting arrangement the court will use when applying the statute.
Have I Allowed Enough Time for Notice and a Dispute?
A parent intending a statutory relocation generally must give the other parent at least 60 days’ written notice and file a copy with the circuit clerk. When 60 days is impracticable, notice must be given at the earliest practical date, unless the court orders otherwise.
The notice must state the intended relocation date, the new address if known, and how long the move will last if it is not permanent or indefinite. A court may waive or seal some or all notice information when there is a history of domestic violence.
A job offer or lease deadline does not guarantee that the legal process will fit the parent’s preferred schedule. The possibility of an objection should be considered before making commitments that depend on court approval.
Will the Other Parent Agree to the Move and a New Schedule?
If the other parent signs the notice and the relocating parent files it with the court, the relocation may proceed without further court action. The parenting plan or allocation judgment must still be modified to reflect the parents’ agreement, and the modification must serve the child’s best interests.
Consent to the destination is only part of the agreement. Parents should address the new parenting schedule, exchanges, travel bookings, transportation costs, virtual contact, school calendars, and access to records. Specific terms reduce the chance that a relocation agreement will create a new dispute.
What Happens If the Other Parent Objects?
If the other parent objects, does not sign the notice, or cannot agree on changes to the parenting plan, the relocating parent must file a petition seeking permission to relocate. The move should not occur with the child before the legal requirement is satisfied. The relocating parent bears the burden of proving, by a preponderance of the evidence, that the move is in the child’s best interests — it is not the other parent’s job to prove the move is a bad idea.
Failure to follow the notice requirements without good cause may affect whether the court views the proposal as made in good faith. It may also support an award of attorney fees and costs caused by the failure.
The Eleven Factors a Judge Actually Weighs
Once a petition is contested, the court applies 750 ILCS 5/609.2(g), which lists eleven factors bearing on the child’s best interests:
- The circumstances and reasons for the intended relocation.
- The reasons, if any, why a parent is objecting to the intended relocation.
- The history and quality of each parent’s relationship with the child, including whether a parent has substantially failed or refused to exercise allocated parental responsibilities.
- The educational opportunities for the child at the existing and proposed locations.
- The presence or absence of extended family at each location.
- The anticipated impact of the relocation on the child.
- Whether the court can fashion a reasonable allocation of parental responsibilities if the relocation occurs.
- The child’s wishes, considering maturity and the ability to express a reasoned, independent preference.
- Possible parenting-time arrangements appropriate to the parents’ resources and the child’s developmental level.
- Minimization of the impairment to a parent-child relationship caused by the relocation.
- Any other relevant factors bearing on the child’s best interests.
Courts weigh these together rather than tallying them; a parent who checks more boxes than the other doesn’t automatically win. Illinois appellate decisions have been clear that the factors are considered as a whole, with some carrying more weight than others depending on the family’s specific circumstances.
A Case That Shows How This Plays Out
The following is drawn from a published case result, with identifying details removed.
A mother with the majority of parenting time for the parties’ three children petitioned to relocate with them out of state, citing a job opportunity after a period of unemployment. The father, represented by the firm, opposed the move. At trial, the evidence showed the father had maintained consistent involvement despite the mother’s claims to the contrary, and raised concerns that the relocation would be used to limit the children’s relationship with him. The trial court found that the mother had failed to meet her burden of proof and denied the petition; an appellate court later affirmed that decision. The case illustrates a point worth remembering: a genuine, well-intentioned reason for moving — a job, a fresh start — is only one of eleven factors, and it doesn’t outweigh evidence that the move would come at the expense of the other parent-child relationship.
Past results depend on the specific facts of each case and do not guarantee or predict a similar outcome in any other matter.
How Will the Move Affect the Child’s Daily Life?
A relocation plan should show what the child’s ordinary week will look like. Parents should compare the present and proposed schools, commute, child care, medical providers, activities, neighborhood, and access to extended family. General claims that the new location is “better” are less useful than specific information connected to the child’s needs.
The child’s age and development matter. A schedule that works for a teenager may be difficult for a preschooler. The plan should also account for special education, therapy, medical treatment, competitive activities, or cultural and family relationships that may be disrupted by distance.
Can the Child Maintain a Meaningful Relationship With Both Parents?
Illinois courts consider the history and quality of each parent’s relationship with the child. They also consider whether a reasonable allocation of parental responsibilities remains possible and how the move can minimize harm to the parent-child relationship.
A proposal should move beyond a promise of frequent contact. It should identify realistic blocks of parenting time, travel time, transfer locations, school-break arrangements, and communication between visits. Video calls can support contact, but they do not replace an age-appropriate plan for time together. This is typically the section of a petition where Chicago child relocation lawyers spend the most time, since a vague parenting-time proposal is one of the more common reasons a court finds a relocation plan unconvincing.
Who Will Handle Travel and Its Cost?
Distance changes the mechanics of parenting. The plan may need to address airfare or long drives, unaccompanied-minor rules, weather disruptions, passports, luggage, pickup responsibilities, and the effect of travel on school and activities.
Parents should test the schedule against their actual resources and work obligations. A plan that depends on travel neither parent can regularly afford or manage is unlikely to protect the child’s relationship with both households.
What Evidence Supports the Reasons for Moving?
The court considers the reasons for the move and the reasons for any objection. A parent relying on employment, housing, education, safety, or family support should preserve the documents behind those claims. Depending on the case, that may include an employment offer, housing information, school records, medical information, or details about available caregivers.
The evidence should connect the parent’s opportunity to the child’s well-being. A higher salary, for example, may matter differently once housing costs, child care, travel, and the effect on parenting time are included. When the facts of either parent’s claims are genuinely in dispute — a job offer that doesn’t check out, or concerns about conditions at a proposed new home — some family lawyers turn to private investigators in custody and divorce cases to verify contested facts before they become the basis of a relocation petition.
Have I Considered the Child’s Views Without Putting the Child in the Middle?
Illinois law allows the court to consider the child’s wishes, taking into account of maturity and the ability to express a reasoned, independent preference. A child does not decide the case. Parents should avoid coaching the child, asking the child to choose, or using the child to carry messages about the dispute.
When the child’s perspective is relevant, the court has processes for receiving that information. The adults should continue to protect the child from the pressure of litigation.
What Will Happen If the Move Does Not Work as Planned?
A thoughtful plan considers foreseeable problems. A job may end, housing may change, a child may struggle in the new school, or travel may become unreliable. Parents should discuss how they will share information, resolve disagreements, and respond if important assumptions change.
The relocation itself constitutes a substantial change in circumstances under Illinois law. The parenting plan must therefore fit the new reality rather than preserve language written for homes that were close together.
Build the Child’s Plan Before Making the Move
A relocation request is stronger when it presents a workable life for the child at the new location and preserves a meaningful relationship with the other parent. The planning should begin with the statutory distance rules, notice requirements, current parenting order, and the possibility of an objection.
Before signing a lease or announcing a final decision, a parent should know what approval is required and whether the proposed schedule can work in practice. That preparation can prevent an avoidable legal violation and produce a more credible, child-focused proposal.
Frequently Asked Questions
Can I move within Illinois without giving notice?
If the move is short enough to fall under the statutory distance thresholds — for example, 20 miles within Cook County — it isn’t a statutory relocation, and formal notice under 750 ILCS 5/609.2 isn’t legally required. It’s still often wise to communicate with the other parent, since even a short move can affect a parenting schedule.
What happens if I move with my child without following the notice requirements?
A parent who relocates without required notice or court approval risks being found in violation of the parenting plan, which can affect the outcome of a later relocation petition, support a fee award against that parent, and in some cases lead a court to order the child returned.
Does the child get to decide where they live?
No. A child’s wishes are one of eleven factors a court considers, weighted according to the child’s maturity and ability to express an independent, reasoned preference — not a deciding vote.
Authorities & Sources
- 750 ILCS 5/600(g) — Illinois Marriage and Dissolution of Marriage Act, definitions (relocation distance thresholds)
- 750 ILCS 5/609.2 — Illinois Marriage and Dissolution of Marriage Act, Parent’s Relocation
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Illinois relocation law is fact-specific, and outcomes depend on the particular circumstances of each family. Reading this article does not create an attorney-client relationship. Anyone considering a move with a child after divorce, or opposing a proposed relocation, should consult a licensed Illinois family law attorney about their specific situation.
