When one parent wants to move a child out of Illinois, it can become one of the most important issues in a parenting case. Relocation can affect a child’s school, friendships, relationships with extended family, parenting schedules, transportation costs, holidays, and the time spent with each parent. The situation becomes even more serious if there are already concerns about parental alienation, interference with parenting time, or attempts to weaken the child’s relationship with the parent staying in Illinois.
We understand that not every move is meant to separate a child from the other parent, since many requests are based on real needs like work, family, finances, or personal reasons. Still, if the facts show that an out-of-state move could continue a pattern of exclusion or interference, we make sure those facts are clearly shown to the court.
Illinois law does not treat every change of residence as a formal relocation. Under 750 ILCS 5/600(g), the definition depends on where the child’s current primary residence is located. For a child whose primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move within Illinois of more than 25 miles is considered a relocation. For children residing in other Illinois counties, an in-state move of more than 50 miles qualifies. A move outside Illinois is considered a relocation when the new residence is more than 25 miles from the child’s current primary residence, measured by surface roads using an Internet mapping service.
For families living in Naperville and DuPage County, the 25-mile rule is especially important.
A move does not have to be hundreds of miles away for Illinois relocation law to apply. Even if the new home is fairly close, an out-of-state move can still trigger the legal process.
Under 750 ILCS 5/609.2, a parent who has the majority of parenting time, or either parent when parenting time is equal, may seek to relocate with the child. The parent planning the move must provide written notice to the other parent and file that notice with the court.
If the non-relocating parent signs the notice and the parents agree on the necessary changes to the parenting plan, the relocation may proceed subject to the child’s best interests.
If the other parent objects, refuses to sign, or the parents cannot agree on a revised parenting arrangement, the relocating parent must file a petition asking the court for permission.
That procedural requirement matters. A parent should not treat relocation as a personal decision that can be announced after housing, employment, or school arrangements have already been finalized.
When we represent a parent opposing relocation, we focus on obtaining court review before the proposed move substantially changes the child’s relationship with our client.
Illinois courts decide relocation disputes according to the child’s best interests. Section 750 ILCS 5/609.2(g) identifies several factors the court must consider. These include the reasons for the proposed move, the reasons for the objection, the history and quality of each parent’s relationship with the child, educational opportunities, extended family relationships, the likely impact on the child, and whether a workable parenting arrangement can be created if the move occurs. The court may also consider the child’s wishes when the child is mature enough to express a reasoned and independent preference.
One particularly important statutory factor is whether the move will impair the parent-child relationship and whether that impairment can be minimized. This is often where parental alienation concerns become relevant.
If one parent has repeatedly frustrated parenting time, withheld information, excluded the other parent from important events, encouraged the child to reject the other parent, or otherwise interfered with the relationship, we may argue that placing hundreds of additional miles between the child and the targeted parent could magnify an existing problem.
Illinois does not have a statute titled “parental alienation.” Courts instead examine the actual conduct and its effect on the child and the parent-child relationship. Under 750 ILCS 5/602.7, courts allocate parenting time according to the child’s best interests. The statute directs courts to consider the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent, among other relevant factors.
That principle can become highly significant in a relocation case.
Suppose one parent routinely cancels parenting time, refuses to provide school information, blocks reasonable communication, schedules activities during the other parent’s time, or tells the child that the other parent does not care about them. If that same parent then asks to move the child several states away, we may argue that the relocation cannot be evaluated separately from the established pattern.
The issue is not the label “alienation.” The issue is the conduct.
We want the court to understand how the existing relationship functions, whether parenting orders have been respected, and whether distance is likely to make continued interference more difficult to correct.
Illinois appellate courts have recognized that the parent requesting relocation bears the burden of proving by a preponderance of the evidence that relocation is in the child’s best interests.
That means the relocating parent must do more than show that the move would personally benefit them.
A better job, lower housing costs, a new spouse, family support, or another legitimate reason may support the request, but the court’s focus remains on the child.
We may challenge whether the claimed advantages are specific and realistic. We can examine the proposed school, housing arrangements, childcare, employment schedule, family support, transportation plan, and proposed parenting schedule.
If the relocating parent makes vague promises that frequent contact will continue despite a move of several hundred miles, we can test whether that proposal is actually workable.
Relocation often changes the nature of parenting time even when the total number of days appears similar on paper. A parent who currently sees a child several times each week may be offered longer periods during summer and school breaks after a move. Mathematically, the schedule may appear substantial. Emotionally and practically, however, the relationship may be very different.
Regular weekday contact allows a parent to attend school events, help with homework, participate in medical appointments, coach activities, handle ordinary routines, and remain involved in the child’s daily life.
Long-distance parenting can replace those ordinary interactions with blocks of vacation-style parenting. We therefore look beyond the number of proposed days and examine the quality and frequency of the contact that would actually remain.
Section 609.2(g) specifically directs the court to consider the history and quality of each parent’s relationship with the child and whether a parent has substantially failed or refused to exercise allocated parental responsibilities. Parenting-time compliance can therefore matter substantially.
Under 750 ILCS 5/607.5, Illinois courts have authority to enforce parenting-time orders when one parent does not comply. Remedies can include makeup parenting time, additional conditions, counseling, fines, reimbursement of expenses, contempt findings, and attorney’s fees in appropriate cases.
If there has already been a history of denied or obstructed parenting time, we may use that history to show why promises of future long-distance cooperation should be examined carefully.
A parent who has difficulty supporting contact when the parents live ten miles apart may have even more power to interfere when the child lives several states away.
Relocation cases can become emotional quickly. Courts still need evidence. When we oppose relocation, we may examine calendars showing exercised parenting time, messages between the parents, school records, medical participation, extracurricular involvement, prior court orders, denied visits, travel history, and communications involving the child’s relationship with each parent.
We also look for evidence surrounding the proposed move itself. When was the decision first discussed? Was the other parent included? Has the relocating parent already enrolled the child in a new school? Has housing been secured before court approval? Has the child been told that the move is already happening?
Those facts can reveal whether the relocating parent is approaching the process cooperatively or attempting to complete a move before judicial review.
Illinois law states that relocation constitutes a substantial change in circumstances for purposes of 750 ILCS 5/610.5, the statute governing modification of parental responsibilities. That means a relocation dispute can extend beyond permission to move.
The court may need to modify parenting time, transportation arrangements, holiday schedules, communication provisions, and other parts of the parenting plan.
In some cases, the practical effects of relocation may cause the court to reconsider how parenting responsibilities should operate altogether.
For a parent who fears that relocation will damage an already fragile relationship with a child, early preparation is critical.
An out-of-state relocation can permanently change how often you see your child and how involved you remain in everyday life. When there is already a history of parental alienation, denied parenting time, exclusion from important decisions, or interference with your relationship, the proposed move deserves immediate and careful attention.
At Keller Legal Services, we represent parents in Naperville and throughout Chicago, Illinois, in contested relocation, parental responsibility, parenting-time, and parental alienation matters. We examine the proposed move, the existing parenting arrangement, the history between the parents, and the evidence showing how relocation may affect the child.
If you are opposing an out-of-state move or believe relocation may be used to further separate you from your child, call our Naperville divorce lawyers at Keller Legal Services Group at 630-505-1515 to receive an initial consultation.
