Relocation
When does a move count as a relocation in Illinois?
Illinois treats some moves as a relocation based on distance and where your child currently lives. If your move meets that threshold, you need to follow the relocation notice rules before you move. Not every move counts. If you are unsure, get legal advice before you make plans.
Who can ask the court to approve a move with a child?
If you want to move with your child and the move falls under Illinois relocation rules, you can ask the court for permission. The court looks at the child’s best interests and the proposed parenting schedule. If the other parent does not agree, you usually need a court order.
How much notice do you need to give before relocating?
You should give written notice before any move that affects your child’s residence or parenting schedule. Illinois relocation rules may require specific advance notice and service on the other parent. The exact notice depends on the type and distance of the move, so get advice before you pack.
What happens if the other parent agrees to the move?
If the other parent consents in writing, the court will typically approve the relocation and modify the parenting plan accordingly, as long as the new arrangement serves the child's best interests. Getting that agreement documented correctly — and building a workable long-distance parenting schedule — is where legal counsel makes a real difference.
What happens if the other parent objects to the move?
The case goes before a judge. The burden of proof falls on the parent seeking to relocate. You will need to demonstrate that the move is in the child's best interest — not just yours. Courts look at a range of factors, and the analysis is rarely simple.
What factors does the court consider in a relocation case?
Illinois courts evaluate relocation requests based on the child's best interests, including: the reasons each parent supports or opposes the move; the quality of the child's relationship with both parents; the impact the move will have on the child's development, education, and community ties; the feasibility of a modified parenting schedule; the presence of extended family in each location; and whether the relocating parent is genuinely committed to supporting the child's relationship with the other parent.
Can I move temporarily with my child while the case is pending?
Temporary relocation may be permitted during a pending proceeding, but it must follow the same notice and procedural requirements as a permanent move. Critically, a temporary relocation cannot be used strategically — courts will not allow short-term moves to establish a new status quo or gain jurisdictional advantage.
What happens if the other parent relocates with your child without notice?
If the other parent moves with your child without the notice or approval Illinois requires, you can ask the court for enforcement and other relief. Document the move, keep all messages, and act quickly. The sooner you respond, the better your position.
Does having sole custody mean I can move wherever I want?
No. Illinois eliminated that assumption when it overhauled the family code. Even if you have been allocated the majority of parenting time, any qualifying move still requires either the other parent's written consent or court approval.
What if my co-parent is trying to block a legitimate move?
A parent cannot simply veto a relocation request. If the other parent objects without legal grounds — or is using the process to control or retaliate — the court can and does recognize that. Building a strong, well-documented case for why the move serves your child is the right response to bad-faith opposition.
How far in advance should I contact an attorney about a relocation?
As early as possible. Relocation cases involve strict procedural timelines, and the strength of your case often depends on preparation that happens well before any court filing. If you're considering a move — or just received a notice that the other parent intends to move — consult with an attorney before you take any action.
Do I need court approval before moving with my child?
Often, yes. If the move changes the child's residence in a way that affects parenting time, Illinois relocation rules may apply. Do not move first and sort it out later. Get legal advice before you relocate.