You Can't Just Move: Relocation With a Child in Illinois
Updated: 2 days ago
Every few months someone calls me with some version of this: "I got a great job offer in Nashville. We're leaving in three weeks. What do I need to sign?"
Nothing. You need to sign nothing, because you are not leaving in three weeks.
If you have a parenting order in Illinois and you want to move with your child, there is a statute for that. It is 750 ILCS 5/609.2, it is called relocation, and it does not care about your start date. So, let's talk about when it applies, what you have to do, and what the judge is actually deciding.
First, what counts as "relocation"
Not every move is a relocation. Moving across town is not a relocation. Moving in with your mother two suburbs over is probably not a relocation. The statute draws the lines by distance, and the distance depends on where the child lives now.
If the child's primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move of more than 25 miles from the current home is a relocation.
If the child lives anywhere else in Illinois, the line is 50 miles.
A move out of state is a relocation if the new home is more than 25 miles from the current one. So a move from Chicago to Hammond, Indiana may not be a relocation at all, while a move from Chicago to Rockford is.
Distance is measured by an internet mapping service, meaning driving distance, not how the crow flies. Yes, people have argued about this. No, I do not recommend building your plan around the difference.
One more thing people miss: the relocation statute applies to the parent who has the majority of parenting time, or either parent when parenting time is split equally. If the other parent has the kids most of the time and you are the one moving, you do not need permission to relocate. You will, however, have a parenting schedule that no longer works, which is its own problem and usually its own motion.
750 ILCS 5/609.2 The Illinois Relocation Requirements
If your move is a relocation, you must give the other parent written notice at least 60 days before you plan to move. If 60 days is genuinely impossible, the statute lets you give notice at the earliest date practicable, but "I didn't think about it until the lease was signed" is not what the legislature meant by impossible.
The notice has to include the date you intend to move, the address of the new residence if you know it, and how long you plan to be there if the move is not permanent. A copy gets filed with the clerk of the court.
Then one of two things happens.
If the other parent signs the notice and it is filed with the court, you are done. The court modifies the parenting plan to reflect the move, and nobody has to litigate anything. This happens more often than you would think, usually when the other parent has already moved on in some way, or when the parents are able to actually talk to each other.
If the other parent does not sign, or objects, you have to file a petition asking the court for permission to relocate. And you do not move until the court says you can.
What happens if you just go
You would not be the first. People do this. They give notice, the other parent objects, and they move anyway because the job started and the apartment was paid for. Or they skip the notice entirely and figure they will deal with it later.
Do not do this.
The statute says a court may consider a parent's failure to comply with the notice requirement when deciding whether the relocation is in good faith, and as a factor in any later modification of parental responsibilities. In plain English, the judge is allowed to hold it against you, and the judge will. You have also potentially violated a court order, which brings its own consequences. And you have handed the other parent the best argument they could have hoped for: this person does not follow court orders and thinks they can do whatever they want.
We have seen cases that would have been a relatively simple relocation if handled properly, but since it wasn't the door slammed shut. All because the parent moved first and asked later. The move itself becomes the issue instead of whether the move is good for the child.
What the judge is actually deciding
This is the part people get wrong. The question is not whether your reason for moving is "good enough". The question is whether the move is in the child's best interests. Your job offer, your new spouse, your family in Arizona, your lower cost of living: those matter, but only as they relate to the child.
The statute gives the court eleven factors to consider under 750 ILCS 5/609.2(g):
The circumstances and reasons for the intended relocation.
The reasons the other parent is objecting.
The history and quality of each parent's relationship with the child, and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to them.
The educational opportunities for the child at the existing location and the proposed location.
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 between the parents if the relocation occurs.
The wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences.
Possible arrangements for the exercise of parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child.
Minimization of the impairment to a parent-child relationship caused by the relocation.
Any other relevant factors.
The parent asking to relocate has the burden of proving the move is in the child's best interests. Not the other way around.
A few observations from handling these cases:
Factor three is the quiet killer. If the objecting parent has been exercising every weekend, coaching soccer, and showing up to parent-teacher conferences, the court is going to be very reluctant to put three states between that parent and the child. If the objecting parent has been sporadic, has skipped parenting time, or has mostly objected on principle, the court notices that too. The statute expressly tells the judge to look at whether a parent has "substantially failed or refused" to exercise their responsibilities. It is not a subtle suggestion.
Factor seven is where cases are won and lost in practice. Can the court build a schedule that still gives the other parent a real relationship with the child? If the answer is "yes, the child can fly to Chicago for summers and every other holiday, and the relocating parent will pay for it, you have a shot.
If the answer is "we'll FaceTime," you do not. Come to court with a concrete proposed schedule, transportation plan, and cost allocation. Vague is fatal.
"Educational opportunities" is not code for "the schools are ranked higher." Judges are not particularly moved by a school district's Niche score. They are moved by a specific program the child needs, or by evidence that the current school is not working. If you show up with zero information and are not sure where exactly your child would be enrolled yet, good luck with that.
Your happiness counts, sort of
Illinois courts have long recognized that a child benefits indirectly when the parent they live with most of the time is better off. The Illinois Supreme Court said as much in In re Marriage of Collingbourne, 204 Ill. 2d 498 (2003), and the older Eckert decision, 119 Ill. 2d 316 (1988), laid the groundwork for the factor-based approach that the current statute codified.
So a better job, a stable new marriage, or the support of family near the new home can all help. But it is an indirect benefit, and courts weigh it against the direct cost of a diminished relationship with the other parent. "I'll be happier" is a starting point, not an argument.
Trial courts get a lot of deference
If you are hoping to lose at trial and fix it on appeal, adjust your expectations. In In re Marriage of Fatkin, 2019 IL 123602, the Illinois Supreme Court reinstated a trial court's decision allowing a father to relocate with the children to Virginia after the appellate court had reversed it. The Supreme Court's point was that the trial judge heard the witnesses, weighed the factors, and reached a reasonable conclusion, and appellate courts should not be second-guessing that unless the decision is clearly against the manifest weight of the evidence.
Practically, this means the trial is the whole game. Prepare for it like it is.
If you are the parent objecting
Everything above runs in reverse for you. You do not win by being upset. You win by showing that you are a consistent, involved parent, that the move will cost the child something real, and that the relocating parent's plan for preserving your relationship is inadequate or unrealistic.
Two things to avoid. First, do not object to a move purely to punish the other parent; the court is required to consider your reasons for objecting, and "because I can" reads exactly how it sounds. Second, do not let your parenting time slide while the case is pending. Factor three is looking at you, too.
What to do if you are thinking about moving
Call a lawyer before you accept the job, sign the lease, or tell your child. Not after. The 60-day notice period is a floor, not a schedule, and a contested relocation case can take considerably longer than 60 days to resolve.
If there is any chance the other parent will agree, find out early. A signed notice filed with the court saves you months of litigation and a great deal of money.
If they will not agree, start building the case now: a specific parenting schedule for after the move, a transportation plan, evidence about the new school and community, and an honest accounting of how involved the other parent has actually been.
And do not move first. I cannot say this enough.
Frequently Asked Questions
How far can I move with my child in Illinois without permission? It depends on where the child currently lives. In Cook, DuPage, Kane, Lake, McHenry, and Will Counties, a move of more than 25 miles is a relocation requiring notice and either the other parent's agreement or court approval. Elsewhere in Illinois, the threshold is 50 miles. Any move out of state is a relocation if it is more than 25 miles from the current home.
Do I need the other parent's permission to move with my child in Illinois? If the move meets the statutory definition of relocation, you need either the other parent's written agreement or a court order. Written notice is required at least 60 days before the move under 750 ILCS 5/609.2.
What if the other parent won't agree to the move? You file a petition asking the court to allow the relocation, and the court decides based on the child's best interests using the eleven factors in 750 ILCS 5/609.2(g). You carry the burden of proof, and you do not move until the court rules.
Can I move with my child if I have the majority of parenting time? Not automatically. The relocation statute applies specifically to the parent with the majority of parenting time, and to either parent when time is equal. Having the majority of the time is what triggers the requirement; it is not an exemption from it.
What happens if I move without giving notice? The court can consider your failure to give notice when deciding whether the move was in good faith and in any later modification case. You may also face contempt for violating the existing parenting order. It significantly damages your position.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Relocation cases are highly fact-specific, and procedures vary by county and by courtroom. Anyone considering a move with a child, or responding to a proposed move, should consult with an Illinois family law attorney about their specific situation.
