Relocation and Removal With a Child in Illinois

What counts as a relocation in Illinois?

Illinois treats moving with a child as a formal “relocation” only when the move crosses a specific distance. Under 750 ILCS § 5/609.2, a move by a parent who has the majority of parenting time, or who shares equal parenting time, is a relocation when it meets one of these thresholds:

• More than 25 miles (collar & Cook counties) — if the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move to a new residence within Illinois that is more than 25 miles away.
• More than 50 miles (all other counties) — if the child’s current primary residence is in any other Illinois county, a move to a new residence within Illinois that is more than 50 miles away.
• More than 25 miles out of state — a move to a residence outside Illinois that is more than 25 miles from the child’s current primary residence.

Distance is measured by an Internet mapping service using surface roads. A move that stays under these limits is not a “relocation” under the statute and does not trigger the notice and approval process described below — though it may still affect your parenting schedule.

The 60-day written notice requirement

Before relocating, the moving parent must give the other parent at least 60 days' written notice. If 60 days' notice is impracticable, the parent must give written notice at the earliest date practicable, or as otherwise ordered by the court. A copy of the notice must also be filed with the clerk of the circuit court.

The written notice must include:

• The intended date of the parent’s relocation.
• The address of the parent’s intended new residence, if known.
• The length of time the relocation will last, if the move is not for an indefinite or permanent period.

Agreed relocation versus a contested move

What happens next depends on whether the other parent agrees to the move.

If the other parent agrees — if the non-relocating parent signs the notice and the relocating parent files it with the court, the relocation is allowed without any further court action. The court will modify the parenting plan or allocation judgment to reflect the new arrangement.

If the other parent objects — or if the parents cannot agree on revised parenting terms — the relocating parent must file a petition asking the court to approve the relocation. The court then decides whether the move is in the child’s best interest based on the factors below. The relocation may not happen until the court rules, unless the court orders otherwise.

How the court decides a contested relocation

When a relocation is contested, the court decides based on the child’s best interest. Under 750 ILCS § 5/609.2(g), the court weighs the following factors:

1. The circumstances and reasons for the intended relocation.
2. The reasons, if any, why a parent is objecting to the intended relocation.
3. The history and quality of each parent’s relationship with the child, and specifically whether a parent has substantially failed or refused to exercise their allocated parental responsibilities.
4. The educational opportunities for the child at the existing location and at the proposed new location.
5. The presence or absence of extended family at the existing location and at the proposed new location.
6. The anticipated impact of the relocation on the child.
7. Whether the court can fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs.
8. The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation.
9. Possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child.
10. Minimization of the impairment to a parent-child relationship caused by a parent’s relocation.
11. Any other relevant factors bearing on the child’s best interests.

The danger of moving without notice or permission

Moving a child a qualifying distance without giving the 60-day notice, filing it with the court, and either obtaining the other parent’s signature or court approval is a serious mistake. A parent who relocates improperly can face real consequences:

• The court can order the child returned to the original area while the case is decided.
• The unauthorized move can be held against the parent when the court weighs the best-interest factors, including the history and quality of that parent’s conduct.
• The court can modify parenting time and decision-making in response to the violation.

Practical tips for an Illinois relocation

• Measure the distance first — use an online mapping service and surface roads to confirm whether your move actually crosses the 25-mile or 50-mile threshold for your county. If it does not, the formal relocation process may not apply.
• Send notice in writing, early — aim for the full 60 days, include all three required items (date, new address, and length if temporary), and keep proof of when and how you sent it.
• File the notice with the court — serving the other parent is not enough. A copy must be filed with the clerk of the circuit court.
• Propose a realistic new schedule — courts look closely at whether a workable parenting arrangement can still be fashioned after the move. Come prepared with a concrete plan for the other parent’s time, travel, and costs.
• Document the reasons for the move — a job offer, family support, housing, schools, or medical needs. The first factor the court considers is the circumstances and reasons for the relocation.