Moving to a new home can be an ordinary life decision. When parents share children and are subject to an Illinois parenting plan or allocation judgment, however, a move can become a significant family law issue.
Illinois law distinguishes between an ordinary change of residence and a legal relocation. Depending on where the child currently lives, how far the proposed move is, and whether the move crosses state lines, a parent may be required to provide formal notice and obtain the other parent’s agreement or court approval before relocating with the child.
These cases can be difficult for both parents. The parent seeking to relocate may have legitimate reasons involving employment, family support, housing, a new relationship, or other opportunities. The other parent may be concerned that greater distance will fundamentally change the relationship he or she has with the child.
Keller Legal Services represents parents in Naperville, DuPage County, Kane County, Will County, and surrounding Illinois communities in relocation matters. We help parents understand whether a proposed move qualifies as a relocation, the procedures that must be followed, and how the move could affect existing parenting time arrangements.
Not every move requires court approval.
The definition of relocation is found in 750 ILCS 5/600. The distance that triggers Illinois’ relocation requirements depends in part on where the child’s current primary residence is located.
For a child whose primary residence is in DuPage, Kane, Cook, Lake, McHenry, or Will County, relocation generally means:
For a child whose primary residence is in an Illinois county other than those listed above, an in-state move generally qualifies as a relocation when the new residence is more than 50 miles from the child’s current primary residence.
The statute specifies that distance is measured using surface roads through an Internet mapping service. If alternative routes are available, the shortest route is used.
These distinctions are especially important for families in Naperville and the surrounding areas because DuPage, Kane, and Will Counties all fall under the 25-mile in-state threshold.
Relocation cases are rarely just about mileage.
A move can affect nearly every practical aspect of a parenting arrangement, including:
A move that adds substantial travel time can make a parenting schedule that previously worked difficult to maintain.
For that reason, parents should evaluate relocation in the context of the entire Illinois parenting plan, not simply whether the proposed address falls inside or outside a statutory mileage limit.
Illinois does not allow any parent to invoke the statutory relocation procedure simply because that parent has some parenting time.
Under 750 ILCS 5/609.2, a parent who has been allocated a majority of parenting time, or either parent when the parents have been allocated equal parenting time, may seek to relocate with the child.
This makes the existing allocation judgment particularly important.
Before taking steps toward relocation, a parent should understand exactly what the current order provides regarding parenting time, the child’s primary residence, and the procedures the parents agreed or were ordered to follow.
A parent intending to relocate generally must provide written notice to the other parent under the parenting plan or allocation judgment and file a copy of that notice with the clerk of the circuit court.
Illinois law generally requires at least 60 days’ written notice before the relocation. When 60 days’ notice is impracticable, notice must be provided at the earliest practicable date unless the court orders otherwise.
The notice must include specified information about the proposed move, including:
There are protections available when disclosing information could create safety concerns. Section 609.2 permits a court to waive or seal some or all of the required information when there is a history of domestic violence.
A parent should not assume that casually telling the other parent about plans to move satisfies the statutory notice requirements.
Relocation does not always require a contested hearing.
If the non-relocating parent signs the required notice and the relocating parent files the notice with the court, the court may modify the parenting plan or allocation judgment to accommodate the relocation without requiring a contested relocation proceeding, provided the statutory requirements are satisfied.
This gives parents an opportunity to work through the practical consequences themselves.
For example, an agreement might restructure parenting time so the non-relocating parent receives longer periods during summer vacation, school breaks, or holidays to compensate for parenting time that becomes impractical during the school week.
Parents should think beyond permission to move. A relocation agreement should address what parenting will actually look like afterward.
When the other parent objects to the relocation, does not sign the notice, or the parents cannot agree on changes to the parenting plan, the parent seeking to move may petition the court for permission to relocate.
At that point, the issue becomes more than whether the parent has a good personal reason for moving.
The court must determine whether relocation is appropriate under Illinois law, with the child’s best interests at the center of the decision.
The parent seeking to relocate should therefore be prepared to present a realistic proposal addressing the child’s life after the move, including where the child will live, attend school, spend time with each parent, and maintain important relationships.
The parent opposing relocation should likewise be prepared to explain specifically how the proposed move would affect the child and the existing parent-child relationship.
Section 609.2 identifies factors courts consider when determining whether relocation is in the child’s best interests.
These include:
These factors make relocation cases highly fact-dependent. A promising job opportunity or desire to live near family may be relevant, but the court also considers how the move affects the child and the child’s relationship with the other parent.
A parent requesting relocation can strengthen the practical side of the proposal by thinking through what life will actually look like if permission is granted.
That may involve identifying:
Where would the child attend school? How does the proposed school fit the child’s educational needs? Would changing schools interrupt services, activities, friendships, or programs important to the child?
Where would the child live? What would the surrounding community be like? How would the new residence affect the child’s routine and access to important activities?
Relocation may bring a child closer to grandparents and other relatives, or it may move the child farther away from an established family support network.
Both circumstances may be relevant.
Perhaps most importantly, the relocating parent should consider how the child will continue having a meaningful relationship with the other parent.
A proposal might include longer parenting periods during:
The appropriate arrangement depends on distance, transportation, the child’s age, school commitments, and the parents’ resources.
Transportation can become a significant issue when a move increases the distance between parents.
Even a relocation within Illinois can substantially increase driving time and expense. An interstate move may introduce airfare, airport transportation, and other costs.
Illinois relocation law directs courts to consider possible arrangements for exercising parental responsibilities in light of the parents’ resources and circumstances.
Parents negotiating a relocation agreement should therefore consider more than the schedule itself. They may need to establish:
Leaving these details unresolved can create recurring disputes after the relocation occurs.
A relocation often requires changes to parenting time even when both parents agree that the move should occur.
Illinois courts allocate parenting time according to the child’s best interests under 750 ILCS 5/602.7. Among other considerations, the statute specifically identifies the distance between the parents’ residences, transportation costs and difficulties, the schedules of the parents and child, and the parents’ ability to cooperate.
A schedule involving frequent short parenting periods may work when parents live ten minutes apart but become unrealistic when they live hours apart.
The objective is not simply to reproduce the old calendar from a greater distance. The parents or court may need to restructure the schedule so the child can maintain a meaningful relationship with both parents under the new circumstances.
Not automatically.
Illinois separates parenting time from significant decision-making responsibilities. A parent may relocate with a child without necessarily receiving sole authority over education, health care, religion, or extracurricular activities.
Those responsibilities are governed separately under Illinois law and the family’s existing allocation judgment.
Parents concerned about who will make major decisions after a move can review how Illinois handles the allocation of parental responsibilities.
Relocation can nevertheless create practical decision-making issues. For example, moving to another community may require decisions about schools, medical providers, activities, or transportation that need to be addressed before the move occurs.
Parents should be particularly cautious here.
When a proposed move qualifies as a relocation under Illinois law, a parent should not assume that providing notice alone gives permission to move the child.
If the other parent objects and court approval is required, moving first can create serious legal and practical problems.
A parent considering relocation should address the issue early enough to allow time for notice, negotiation, and, when necessary, court proceedings before making irreversible plans involving the child.
Signing a lease, accepting a job, enrolling the child in a new school, or scheduling movers does not by itself establish the right to relocate the child.
Failure to comply with the statutory notice requirements can affect the relocation case.
Section 609.2 allows the court to consider a parent’s failure to provide required notice when determining whether relocation is in the child’s best interests. Noncompliance can also be relevant to transportation costs and expenses, including attorney’s fees, resulting from the failure.
That makes it important to determine before moving whether the proposed change of residence meets Illinois’ definition of relocation.
The fact that a parent believes the move is reasonable does not eliminate the statutory process.
Relocation is specifically treated under Illinois law as a substantial change in circumstances for purposes of modification.
That makes sense because a significant move can alter the assumptions on which the existing parenting arrangement was built.
Parents may need to modify:
Relocation is a specialized issue within the broader law governing changes to custody and parental responsibility orders. Parents seeking other changes that do not involve a qualifying move should evaluate the modification standards separately rather than treating every requested change as a relocation issue.
For families in DuPage, Kane, and Will Counties, an in-state move of 25 miles or less generally does not meet the statutory definition of relocation.
That does not necessarily mean the move has no family-law consequences.
A shorter move could still affect:
Parents should review their existing court orders and parenting plan before assuming that a move falling below the relocation threshold requires no further consideration.
A parent generally cannot control where the other adult chooses to live. The legal issue is whether the parent may relocate the child when the proposed move falls within Illinois’ statutory definition of relocation. If the other parent objects, court approval may be required.
It depends on the distance. Because a child’s primary residence in DuPage, Kane, or Will County falls under the 25-mile rule, an in-state move of more than 25 miles can qualify as a relocation under Illinois law.
Potentially. Illinois law permits either parent who has been allocated equal parenting time to seek relocation with the child. Whether the relocation will ultimately be permitted depends on the statutory process and the child’s best interests.
For a child’s primary residence in DuPage, Kane, or Will County, an in-state move generally must exceed 25 miles to meet the statutory definition of relocation. Different rules apply in other Illinois counties and to moves outside Illinois.
Relocation decisions often involve competing realities. One parent may see a move as an important opportunity or necessary next step, while the other sees the same move as a threat to years of regular involvement in the child’s life.
Waiting until a move is imminent can make those disagreements considerably harder to resolve.
Keller Legal Services helps parents in Naperville, DuPage County, Kane County, Will County, and surrounding Illinois communities evaluate proposed relocations, respond to relocation requests, and address the parenting arrangements affected by a move.
Whether you are considering relocating with your child or have received notice that the other parent intends to move, call 630-505-1515 to schedule a free consultation and discuss the requirements and options under Illinois law.
