A job offer, a new lease or family support elsewhere can make a move feel urgent. Before changing your child's home, compare the proposed move with the current parenting order and Illinois relocation requirements. A move within Illinois can trigger the process, while a short move across the state line raises a different set of questions.
Does your move meet the Illinois relocation definition?
The definition in 750 ILCS 5/600(g) depends on where the child's current primary residence is and where the new residence would be.
| Child's current primary residence | Proposed destination | Statutory relocation threshold |
|---|---|---|
| Cook, DuPage, Kane, Lake, McHenry or Will County | Another residence within Illinois | More than 25 miles |
| Any other Illinois county, including Winnebago or Boone | Another residence within Illinois | More than 50 miles |
| Any Illinois county | A residence outside Illinois | More than 25 miles |
Use an internet mapping service and surface roads, rather than a straight-line radius. If the service offers alternative routes, the statute requires the shortest-distance route. Save the addresses and route results so counsel can check the measurement.
For a child whose primary residence is in Winnebago County, an in-state move follows the more-than-50-mile rule. Moving into Wisconsin follows the separate more-than-25-mile rule. The destination state alone does not answer the question; the actual addresses and shortest road distance matter.
A move below a threshold is not a blanket permission to ignore a parenting order. School decisions, exchanges, address-notification provisions and the existing schedule still need review. Section 609.2(h) also addresses moves of 25 miles or less outside Illinois and subsequent moves measured from the original Illinois residence.
Who can use the relocation process?
Section 609.2 allows a parent allocated a majority of parenting time, or either parent allocated equal parenting time, to seek relocation with a child. Shared decision-making alone does not establish that eligibility.
Read the allocation judgment and parenting plan before relying on labels such as “joint custody.” If the order gives you less than equal time, or parentage or parenting rights remain unresolved, obtain advice about the appropriate request. The statute does not give every parent an automatic right to take the child to a new home.
What must the relocation notice include?
The relocating parent must provide written notice to the other parent under the parenting plan or allocation judgment and file a copy with the circuit court clerk. The notice must include at least:
- The intended relocation date.
- The intended new address, if known.
- How long the relocation will last, if it will not be indefinite or permanent.
The general rule is at least 60 days' written notice. If that is impracticable, written notice must be given at the earliest practicable date; a court may also order otherwise. A difficult moving schedule does not let a parent assume an exception applies.
If there is a history of domestic violence, the court may waive or seal some or all required notice information. Ask about that protection before disclosing an address that could create a safety risk. Get prompt legal help with urgent safety issues rather than trying to resolve them through a routine relocation notice.
What if the other parent agrees or objects?
If the other parent signs the statutory notice and the relocating parent files it with the court, Section 609.2(e) allows relocation without further court action. The court must modify the parenting plan or allocation judgment to accommodate the parents' agreed changes, provided those changes are in the child's best interests.
An informal conversation or an unanswered message does not complete that process. If the other parent objects, fails to sign the notice, or the parents cannot agree on modifications to the parenting plan or allocation judgment, the relocating parent must petition for permission to relocate. Giving 60 days' notice does not itself authorize a disputed move.
A petition also needs a practical proposal for parenting after the move. Consider school-week contact, holidays, transportation, travel costs and communication. There is no guaranteed hearing timetable or approval simply because a lease or job starts soon.
What does the court consider?
Section 609.2(g) directs the court to apply the child's best interests. Its factors include:
- The reasons for the move and the other parent's objection.
- Each parent's relationship with the child and history of exercising parental responsibilities.
- Educational opportunities and extended-family connections at both locations.
- The move's anticipated effect on the child and whether workable parenting arrangements are possible.
- The child's wishes, considering maturity and ability to express reasoned, independent preferences.
- How to minimize harm to a parent-child relationship from the relocation.
This is a partial list, not a scorecard. A better-paying job or nearby relatives can be relevant without deciding the case. Explain what would change for the child and how meaningful time with each parent could continue. Avoid coaching the child or asking the child to negotiate between adults.
A pre-move checklist for Rockford-area parents
Use this preparation checklist before discussing a move with counsel. It does not replace the notice, petition or court order your case may require.
- Collect every current order. Include the allocation judgment, parenting plan, later modifications and any protection or travel restrictions. Identify the existing case and court.
- Record both addresses and the route. Note the child's current county, whether the destination is outside Illinois and the shortest surface-road distance shown by the mapping service.
- Build a dated timeline. Record the proposed move date, school dates, when notice could be delivered and any approaching hearing. Flag safety concerns separately.
- Prepare a child-focused comparison. Gather school information, childcare arrangements, work schedules, housing details and the support available at each location.
- Draft a workable parenting proposal. Address exchanges, holidays, transportation responsibilities, costs and regular communication. Preserve complete messages about agreement or objections.
- Confirm the legal path before acting. Have counsel review eligibility, notice, filing and whether permission is required. If you received a notice, preserve it and raise objections promptly; silence is not a substitute for a plan.
For changes beyond relocation, see when an Illinois parenting plan can be modified. A move and an ordinary schedule adjustment should not be treated as interchangeable requests.
Before signing a lease or changing schools
Bring the orders, proposed addresses, route results and timeline to a consultation before making commitments that assume the child can move. Vernsten Law provides child-custody and parenting representation in Rockford, including relocation questions and proposed parenting-time changes. Explain any approaching move or court date when requesting help.
This article provides general Illinois legal information, not legal advice, and does not create an attorney-client relationship. Existing orders, safety concerns and the family's circumstances can affect the appropriate next step.
