Illinois Relocation Statute: Notice, Objections, and Approval

Under the Illinois relocation statute, a parent who wants to move with a child beyond a set distance must give the other parent at least 60 days’ written notice, file that notice with the circuit court clerk, and then either obtain the other parent’s signed consent or petition the court and prove the move is in the child’s best interests. The rules sit in Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act and apply whenever a parenting plan or custody order is already in place.¹

Which Moves Trigger the Statute

Whether a move counts as a “relocation” depends on the county you live in now and where you’re going. If your current residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, any in-state move more than 25 miles from the child’s current primary residence triggers the statute. From any other Illinois county, the threshold is 50 miles. For a move out of state, the threshold drops back to 25 miles no matter which Illinois county you’re leaving. Distance is measured by the shortest route on an internet mapping service, not a straight line.²

A shorter move doesn’t require the formal relocation process, but it can still support a motion to modify the parenting plan if it disrupts the existing schedule. A qualifying move is automatically treated as a substantial change in circumstances, which means the court can revisit the entire allocation of parental responsibilities.¹

Who Is Allowed to File

Only a parent allocated a majority of parenting time, or either parent in an equal-time arrangement, can seek to relocate with the child under Section 609.2. A parent with a minority share of parenting time cannot file a relocation petition. That parent is free to move personally, but taking the child requires first modifying the parenting plan to give them majority or equal time.¹

The 60-Day Written Notice

Notice has to be in writing, delivered to the other parent, and filed with the clerk of the circuit court. The statute calls for at least 60 days’ notice before the intended move; if 60 days isn’t practical, the notice must be given as early as possible. Where there’s a documented history of domestic violence, the court can waive or seal notice information to protect the relocating parent.¹

At a minimum, the notice has to state the intended date of the move, the address of the new residence if it’s known, and how long the relocation will last if it isn’t permanent. The statute doesn’t require a school plan, a new parenting schedule, or a full relocation proposal in the notice itself. Adding that detail is optional, but it strengthens the record if the case ends up in front of a judge.

Nothing in Section 609.2 requires certified mail or any specific delivery method. What matters is that the notice is written and filed. Still, using a method that produces proof of delivery is worthwhile, because a later argument over whether notice was properly given is the kind of dispute you want to avoid.

When the Other Parent Signs

If the non-relocating parent signs the notice and you file it with the court, the move goes forward without a hearing. The court modifies the parenting plan to reflect what the parents agreed to, so long as the modification serves the child’s best interests.¹

This is the fastest and cheapest path. Parents who negotiate a revised schedule before filing usually avoid the expense and unpredictability of a contested hearing. The best-interests check still applies, so the court can reject an agreement that shortchanges the child’s relationship with either parent.

When the Other Parent Objects

If the other parent refuses to sign, objects, or simply won’t agree on a revised schedule, you have to file a petition asking the court’s permission to relocate. The statute doesn’t set a fixed deadline for the objection itself; any failure to sign or reach agreement pushes the case into a petition.¹

The court schedules a hearing where both parents present evidence. The relocating parent carries the burden of proving that the move serves the child’s best interests. Judges want concrete evidence rather than general claims about a better life: a job offer letter, comparable school data, housing arrangements, and a proposed revised parenting schedule all carry real weight.

The court may appoint a representative for the child. Illinois law authorizes an attorney for the child, a guardian ad litem, or a child representative, depending on what the case calls for.³

Factors the Judge Weighs

Section 609.2 lists eleven factors the court must consider. No single factor decides the case, but some matter more depending on the facts.¹

The reasons for the move. A genuine job transfer, proximity to family who can help with care, or a specific educational opportunity for the child reads very differently from a vague desire for a change of scene.
The reasons for the objection. Losing meaningful daily contact is a stronger objection than one from a parent who rarely uses the parenting time they already have.
Each parent’s relationship with the child, including whether the non-relocating parent has actually been exercising their allocated time.
Educational opportunities at the current and proposed locations. Specific comparisons help.
The presence of extended family at either location.
The anticipated impact on the child’s emotional adjustment, friendships, and community ties.
Whether the court can craft a workable revised parenting schedule that preserves both parents’ involvement.
The child’s wishes, if the child is mature enough to express a reasoned preference. There’s no set age.
What can be done to minimize damage to the non-relocating parent’s relationship with the child.
Any other factor bearing on the child’s best interests.

What Happens If You Move Without Permission

Moving before you have consent or an order is the single most damaging misstep in a relocation case. If a parent fails to comply with the notice requirements without good cause, the court can treat that failure as evidence the relocation is not in good faith. The court can also order the noncompliant parent to pay the other parent’s reasonable attorney’s fees and costs caused by the failure.¹

Beyond the statutory penalties, an unauthorized move tends to hurt your credibility on every other issue in the case. Judges often read circumvention of the process as putting the parent’s interests ahead of the child’s stability, and that reading colors how they weigh the listed factors.

How Parenting Time Changes After Approval

An approved relocation almost always requires a full rewrite of the parenting schedule. Frequent midweek visits and alternating weekends generally give way to longer blocks over summer, winter, and spring breaks, so the non-relocating parent gets extended uninterrupted time instead of scattered short visits.

Virtual contact supplements the schedule but doesn’t replace in-person time. Video calls, messaging, and shared apps help maintain a daily connection, and a relocating parent who proposes a specific communication schedule alongside a realistic visitation plan shows the kind of good faith courts look for.

Travel Costs

Travel is often the expense parents underestimate. Airfare, gas, and lodging add up quickly, and the court has discretion to allocate those costs between the parents. Judges often look at which parent initiated the move, each parent’s income, and whether the cost would effectively block the non-relocating parent from seeing the child. There’s no fixed formula. Some courts adjust child support to account for substantial travel expenses; others keep support and travel as separate issues.

Out-of-State Moves and Jurisdiction

Crossing a state line raises the question of which state’s courts control the custody order going forward. The federal Parental Kidnapping Prevention Act requires every state to enforce custody orders from the child’s “home state,” meaning the state where the child lived for at least six consecutive months before the proceeding began, and it bars a second state from modifying the original state’s order while the original state retains jurisdiction.⁴

Illinois has also adopted the Uniform Child-Custody Jurisdiction and Enforcement Act, which works with the federal law to keep custody disputes in one state. In practice, Illinois courts typically retain jurisdiction over the order even after you move, until neither the child nor either parent still lives in Illinois. Filing a new case in the destination state before jurisdiction actually shifts can backfire.

International Relocation

A move to another country still runs through Section 609.2, with additional layers on top. The International Child Abduction Remedies Act implements the Hague Convention on International Child Abduction in the United States and gives a parent a mechanism to seek the return of a child who has been wrongfully removed to or retained in another signatory country. U.S. courts in a Hague case decide only whether the child should be returned, not who ultimately gets custody.⁵

The U.S. Department of State’s Office of Children’s Issues acts as the Central Authority for Hague cases.⁶ If the destination country is not a Convention signatory, the tools for recovering a wrongfully removed child are much more limited. A court weighing an international petition will look closely at the destination country’s legal system, its Convention status, and whether enforceable visitation is realistic across the distance.

If Either Parent Is on Active Military Duty

The Servicemembers Civil Relief Act protects a servicemember on active duty who receives notice of a relocation petition or other civil proceeding. The servicemember can request a stay of at least 90 days if military duties prevent them from appearing, supported by a statement explaining the conflict and a letter from their commanding officer confirming that leave is not authorized. Additional stays are available if duty continues to interfere, and if the court denies one, it must appoint counsel for the servicemember. These protections apply to custody and relocation proceedings.⁷

Tax Credits After the Schedule Changes

Relocation can shift which parent claims the child as a dependent and receives the Child Tax Credit. The IRS requires that a qualifying child live with the taxpayer for more than half the tax year.⁸

A revised parenting schedule can push a parent below that threshold. If the new schedule gives each parent close to equal time, only one parent can claim the credit in a given year. Address this in the relocation agreement or the proposed parenting plan rather than at tax time. Some parents alternate years; others tie the credit to whoever has the majority of overnights in the calendar year.

1
Illinois General Assembly. Illinois Code 750 ILCS 5/609.2 – Parents Relocation
2
Illinois General Assembly. Illinois Code 750 ILCS 5/600
3
Illinois General Assembly. Illinois Code 750 ILCS 5/506 – Representation of Child
4
Office of the Law Revision Counsel. 28 USC 1738A – Full Faith and Credit Given to Child Custody Determinations
5
Office of the Law Revision Counsel. 22 USC 9001 – International Child Abduction Remedies
6
U.S. Department of State. International Parental Child Abduction
7
Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice
8
Internal Revenue Service. Child Tax Credit