When a parent wishes to move with a child after divorce or separation, the relocation is not simply a logistical or personal decision—it becomes a legal matter with lasting consequences. Illinois law takes child relocation seriously and mandates a specific process to ensure that the child’s best interests are fully considered. Whether you are planning a move or responding to one, understanding the state’s legal framework is essential for protecting both parental rights and the emotional well-being of the child.
What Legally Qualifies as Relocation?
Not every move counts as a legal relocation. Under Illinois law, relocation only applies when the parent with the majority of parenting time, or equal parenting time, intends to move with the child:
- More than 25 miles from the current residence within the Chicago metropolitan counties (Cook, DuPage, Kane, Lake, McHenry, or Will),
- More than 50 miles from a residence in any other Illinois county,
- Or more than 25 miles from the current home to a location outside the state.
These boundaries are defined by statute to clarify which moves require formal court approval and which do not.
Required Steps Before Relocating
If a parent meets the relocation criteria, they must give written notice to the other parent at least 60 days before the move. The notice must include:
- The intended relocation date,
- The address of the new residence (if known),
- Whether the relocation is permanent or temporary.
If the non-relocating parent agrees and signs the notice, the relocating parent can file it with the court for approval. If the other parent objects or refuses to sign, the relocating parent must file a petition with the court to seek permission.
How the Court Decides
When relocation is contested, the court examines whether the move serves the child’s best interests. The judge will consider:
- The reasons for the proposed move,
- The objecting parent’s perspective,
- The current parenting arrangement,
- The impact on the child’s quality of life and access to education,
- The ability to preserve a meaningful relationship with both parents.
Unlike typical custody disagreements, relocation cases often involve significant lifestyle changes that courts assess in full context—not just from a logistical standpoint but with attention to long-term emotional and developmental effects on the child.
Parenting Time and Modified Schedules
A relocation often means rethinking the entire parenting schedule. When parents share equal or near-equal time, a long-distance move can disrupt the balance and make the current plan unworkable. The court may approve the relocation only if a revised parenting schedule can maintain a strong relationship between the child and the non-relocating parent.
It’s important to remember: moving a child without legal notice or court approval is not just a technical error—it can result in serious legal consequences and may even jeopardize custody arrangements.
Complexities for High-Responsibility Parents
Parents with demanding careers, especially those who travel frequently or own businesses, may face unique challenges in relocation cases. The law does not grant exceptions based on professional obligations or economic opportunities. Courts focus on the child’s needs first and foremost, and that includes evaluating the stability and practicality of any relocation plan.
Working with a Chicago child custody lawyer who understands the nuances of both family law and high-responsibility parenting is essential in such cases.
Final Word
Relocation disputes are not only emotionally charged—they are governed by specific statutes that leave little room for error. What may seem like a personal or career-based necessity must be examined through the lens of the law and, most importantly, the child’s welfare.
If you are planning to move with your child—or if you have concerns about a proposed relocation—it is in your best interest to consult a Chicago child relocation lawyer with experience in these high-stakes cases.
At Anderson Boback & Marshall, we are committed to protecting families and securing outcomes that honor the law and the bond between parent and child. Our team offers informed, effective counsel tailored to the complexities of modern parenting and relocation law.
