How Relocation Requests Work in Illinois Child Custody Cases

Relocation cases are some of the most stressful custody disputes because they affect parenting time, school, travel, family relationships, and the child’s daily routine. A move may make sense for work, family support, remarriage, housing, or safety. But when the move changes the other parent’s access to the child, Illinois law requires specific steps.

Understanding how relocation requests work helps parents avoid mistakes, missed deadlines, and court problems.

What Legally Counts as Child Relocation Under Illinois Law?

Not every change of residence is a statutory relocation. Illinois uses different distance rules depending on where the child’s current primary residence is located and whether the proposed move remains inside Illinois.

For purposes of the Illinois Marriage and Dissolution of Marriage Act, the key questions are:

• Where does the child currently primarily reside?
• Will the new residence remain in Illinois or cross the state line?
• How far is the proposed residence from the child’s current primary residence?
• Does the parent seeking to move have majority or equal parenting time?

For Springfield and Sangamon County families, the most important threshold is generally more than 50 miles for a move that remains within Illinois. A qualifying move outside Illinois is subject to a different 25-mile rule.

A move that does not meet the statutory definition of relocation can still affect parenting time or an existing parenting plan, so the current court order should still be reviewed before a significant move.

Illinois Relocation Distance Rules Parents Must Know

Illinois uses different distance thresholds depending on the county where the child currently lives.

Child’s Current Primary Residence	Proposed Move	Relocation Threshold
Cook, DuPage, Kane, Lake, McHenry, or Will County	Within Illinois	More than 25 miles from the child’s current primary residence
Sangamon County or another Illinois county outside those six counties	Within Illinois	More than 50 miles from the child’s current primary residence
Any Illinois county	To a residence outside Illinois	More than 25 miles from the child’s current primary residence

Which Parents Must Follow Illinois Relocation Laws?

Illinois relocation procedures apply when the parent seeking to move has been allocated a majority of parenting time or when the parents have equal parenting time.

Having the child most of the time does not eliminate the notice and court requirements. The parent must still determine whether the proposed move meets the statutory definition of relocation and follow the existing parenting plan and allocation judgment.

A parent who has less than equal parenting time may face a different legal analysis if a major move affects the existing parenting schedule, even when Section 609.2’s relocation procedure does not apply in the same way. Relocation often requires changes to an existing schedule. Review how Illinois courts evaluate child custody and parenting-time decisions.

The Illinois 60-Day Relocation Notice Requirement Explained

A parent who intends to relocate with a child must usually give the other parent at least 60 days’ written notice before the move. A copy of the notice must also be filed with the clerk of the circuit court.

The notice must include:

• The intended relocation date
• The new address, if known
• The length of time the relocation will last if it is not permanent

If 60 days’ notice is not practical, the parent must give written notice as early as practical unless the court orders something different. The court may consider failure to follow the notice rule when deciding whether the relocation request was made in good faith. The court may also award reasonable attorney’s fees and costs tied to the failure to comply.

Notice Requirement	Illinois Rule
When notice should be given	At least 60 days before the intended relocation unless that is impracticable or the court orders otherwise.
Who receives notice	The other parent under the parenting plan or allocation judgment.
Court filing	A copy of the notice must be filed with the clerk of the circuit court.
Required information	Intended relocation date, new address if known, and duration if the move is temporary.
Domestic violence concerns	The court may waive or seal some or all required notice information when there is a history of domestic violence.

What Happens When Both Parents Agree to Relocation?

If the non-relocating parent signs the written notice and the relocating parent files it with the court, the move may be allowed without further court action. The court still updates the parenting plan or allocation judgment to reflect the agreed changes, as long as the agreement serves the child’s best interests.

Parents should put every detail in writing. A vague agreement creates problems later.

The updated parenting plan should address:

• School-year parenting time
• Holiday parenting time
• Summer parenting time
• Transportation costs
• Pickup and drop-off details
• Video calls and phone contact
• Travel notice requirements
• Decision-making responsibilities

A signed notice helps, but a clear updated parenting plan protects both parents.

What Happens When Parents Disagree About Relocation?

If the other parent objects, does not sign the relocation notice, or the parents cannot agree on changes to the parenting plan, the parent seeking relocation must file a petition asking the court for permission to relocate.

The dispute may involve negotiation, mediation when appropriate, discovery, and an evidentiary hearing.

The court’s focus is the child’s best interests. The relocating parent should be prepared to explain the proposed residence, school, employment or family circumstances, transportation plan, parenting schedule, and how the child’s relationship with the other parent will be preserved.

The parent opposing relocation may present evidence about parenting-time loss, school disruption, family relationships, travel burdens, or other effects on the child. When a disagreement becomes difficult to resolve, learn how family law attorneys address high-conflict disputes.

How Illinois Judges Decide Child Relocation Requests

Illinois courts decide contested relocation requests according to the child’s best interests.

The statute directs judges to consider:

• The circumstances and reasons for the proposed relocation
• The reasons the other parent objects
• The history and quality of each parent’s relationship with the child
• Whether either parent has substantially failed or refused to exercise allocated parental responsibilities
• Educational opportunities at the current and proposed locations
• Extended family at both locations
• The anticipated effect of the relocation on the child
• Whether a reasonable allocation of parental responsibilities can be created after the move
• The child’s wishes when maturity and ability to express an independent preference make them relevant
• Parenting arrangements appropriate to the parents’ resources and the child’s developmental needs
• Ways to minimize damage to the parent-child relationship caused by relocation
• Any other relevant factor affecting the child’s best interests

No single factor automatically decides the case. The court evaluates the proposed move as a whole.

What Evidence Can Help in an Illinois Relocation Case?

Documents and evidence may help the court evaluate whether the proposed move works for the child in practice.

Depending on the case, useful information may include:

• Employment offer or transfer information
• Proposed housing
• School information
• Childcare arrangements
• Medical-care information
• Parenting calendars
• Travel times and transportation costs
• Extended-family support
• Existing parenting-time records
• Communications about the proposed move
• Proposed holiday and summer schedules

The evidence should connect the proposed relocation to the statutory best-interest factors rather than focusing only on what is more convenient for either parent.

Mistakes Parents Should Avoid in Relocation Cases

Avoid these common problems:

• Moving before completing the required notice and court process
• Ignoring the 60-day notice requirement
• Assuming verbal consent is sufficient
• Failing to file the relocation notice with the court
• Providing incomplete relocation information
• Failing to propose changes to the parenting plan
• Treating transportation costs and travel time as an afterthought
• Making statements suggesting the move is intended to interfere with the other parent’s relationship
• Ignoring an existing parenting order
• Arriving at a contested hearing without supporting documents or a workable parenting schedule

A failure to follow the notice requirements without good cause may be considered when the court evaluates good faith and may support an award of reasonable attorney’s fees and costs resulting from the noncompliance.

What Courts Expect in a Strong Relocation Parenting Plan

A strong relocation plan should show how the move benefits the child and protects the other parent’s relationship.

The plan should include:

• New address or proposed area
• School details
• Housing information
• Work schedule
• Transportation plan
• Travel cost proposal
• Holiday and summer schedule
• Regular video or phone contact
• Extracurricular activity plan
• Medical care plan
• Childcare plan
• Family support details

The more specific the plan, the easier it is for the court to evaluate whether the move works in real life. A move may also affect financial arrangements. Review how Illinois child support is calculated and enforced.

Related Family Law Help

• Child Custody and Visitation in Springfield, IL
• How Illinois Courts Decide Child Custody
• Family Law Attorney in Springfield, IL

Frequently Asked Questions

What is the 50-mile relocation rule in Illinois?

For a child whose current primary residence is in an Illinois county outside Cook, DuPage, Kane, Lake, McHenry, and Will Counties, a move within Illinois generally qualifies as relocation when the new residence is more than 50 miles away. This includes Sangamon County.

What is the 25-mile relocation rule in Illinois?

A more-than-25-mile threshold generally applies to intrastate moves when the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County. A qualifying move outside Illinois can also fall under a more-than-25-mile threshold.

How much notice must I give before relocating with my child in Illinois?

Illinois generally requires at least 60 days’ written notice before relocation unless that amount of notice is impracticable or the court orders otherwise. A copy of the notice must also be filed with the circuit court.

What must be included in an Illinois relocation notice?

The notice must include the intended relocation date, the new residence address if known, and how long the relocation will last if it is temporary rather than permanent.

What happens if the other parent signs the relocation notice?

If the non-relocating parent signs the notice and the relocating parent files it with the court, the relocation may proceed without a contested relocation hearing. The parenting plan or allocation judgment should be modified to reflect the agreed changes in the child’s best interests.

What happens if the other parent refuses to sign the relocation notice?

If the other parent objects, does not sign the notice, or the parents cannot agree on changes to the parenting plan, the relocating parent must file a petition asking the court for permission to relocate.

What factors does an Illinois judge consider in a relocation case?

The court considers statutory best-interest factors including the reasons for the move and objection, each parent’s relationship with the child, education, extended family, impact on the child, possible parenting arrangements, the child’s wishes when appropriate, and ways to protect the parent-child relationship.

Can relocation change parenting time or child support?

Relocation often requires changes to parenting time, transportation, holidays, and other parenting-plan provisions. Depending on the circumstances, the move may also create reasons to review child support or related financial arrangements.