Where Life Meets the Law | Divorce & Family Law
The Short Answer
A move is not automatically an Illinois statutory relocation. The definition depends on the child’s current primary residence, whether the new home is in Illinois, and the shortest surface-road distance. For a qualifying move, a parent with majority or equal parenting time generally must give written notice at least 60 days ahead, subject to exceptions, and file a copy. If you do not sign the notice, object, or cannot agree on plan changes, the relocating parent must petition the court. The decision turns on the child’s best interests—not an automatic preference for either parent. 750 ILCS 5/600(g); 750 ILCS 5/609.2(b)–(g).
The Human Story
The following is a fictional illustration, not an actual client story.
The other parent tells you a new job may take the children farther away. They call it an opportunity. You hear a change to school mornings, weekend visits, and the ordinary moments that make up your relationship.
You are tempted to answer immediately: no. Then you wonder whether refusing to sign a notice will make you look unreasonable. You also do not know whether the proposed address crosses the distance at which Illinois’s relocation procedure applies.
There are practical questions beneath that first reaction. What would exchanges look like? Who would pay for travel? How would your child keep connections at the current school and with extended family? Could a different parenting schedule preserve meaningful time?
Your concern about losing contact is real. The other parent’s reasons for moving may also be real. Illinois’s process asks for more than either parent’s description of the move. It distinguishes a qualifying relocation from a shorter move and, when permission is disputed, requires an assessment of the child’s interests and a workable plan. Before agreeing or objecting, establish the route, timing, existing order, and proposed changes.
What Illinois Law Says
First, measure the proposed move
For an in-state move from a child’s primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will County, the statutory threshold is more than 25 miles. From a primary residence in another Illinois county, it is more than 50 miles. For an out-of-state move, the threshold is more than 25 miles. Distance is measured using an internet mapping service’s surface-road route; where alternative routes are offered, use the shortest. These thresholds identify statutory relocation, not a general entitlement to disregard an existing parenting plan for a shorter move. 750 ILCS 5/600(g)(1)–(3).
Then, read the notice and response rules
A parent allocated a majority of parenting time, or either parent allocated equal parenting time, may seek to relocate with a child. For a qualifying relocation, the parent must give written notice under the plan or judgment and file a copy with the circuit clerk. Notice ordinarily must be given at least 60 days before the move; the statute recognizes impracticability and court-ordered exceptions. It specifies the intended date, known new address, and duration if not indefinite. A court may waive or seal some or all required notice information where there is a history of domestic violence. 750 ILCS 5/609.2(b)–(d).
If the other parent signs the notice and the relocating parent files it, relocation is allowed without further permission, while the court addresses agreed parenting-plan changes consistent with the child’s best interests. If the other parent objects, does not sign, or the parents cannot agree on necessary modifications, the relocating parent must petition for permission. Silence is not the signed consent described in the statute. 750 ILCS 5/609.2(e)–(f).
The court evaluates the child’s circumstances
The statute directs the court to consider the reasons for moving and objecting; the history and quality of the parent-child relationships; educational opportunities; extended family; the move’s impact; whether a reasonable allocation remains possible; the child’s suitably assessed wishes; practical arrangements; and minimizing impairment of the relationship with the nonmoving parent. No single stated motive decides the case by itself. 750 ILCS 5/609.2(g)(1)–(11).
A parent’s failure to comply with notice requirements without good cause may bear on good faith and on reasonable fees and costs resulting from that failure. That consequence differs from an automatic ruling against the move. 750 ILCS 5/609.2(d).
What Changes the Answer?
Where the child currently lives. The current county—not merely the county of the proposed destination—determines which in-state mileage definition applies. 750 ILCS 5/600(g)(1)–(2).
How much parenting time each parent has. Section 609.2 identifies the parents who may seek statutory relocation; read the allocation judgment rather than assuming every parenting arrangement is identical. 750 ILCS 5/609.2(b).
What contact remains possible. Mileage alone cannot show how school calendars, travel resources, a child’s age, and existing relationships will work after a move. 750 ILCS 5/609.2(g)(3)–(10).
Interstate jurisdiction and safety. A move across a state line can raise a separate child-custody jurisdiction question. Illinois’s continuing-jurisdiction statute and § 609.2’s special provision concerning certain nearby out-of-state moves require attention to the actual facts. 750 ILCS 36/202; 750 ILCS 5/609.2(h).
What You Need to Know Before You Act
Keep the notice and the envelope or electronic delivery record. Check the current order, proposed address, shortest route, intended date, and any proposed revised schedule. If you object, identify concrete effects on your child and feasible alternatives; assigning a bad motive is not a substitute for that evidence.
Do not assume that refusing to sign ends the matter. It directs the dispute to a petition under the statute. Equally, do not assume a move below the statutory threshold leaves parenting-time, school, or residence-change provisions in the current order irrelevant. 750 ILCS 5/609.2(f); 750 ILCS 5/602.10(f).
Time matters. The relocating parent’s ordinary notice period is 60 days, but a shorter period can arise under the statutory exceptions. Read an actual notice promptly rather than relying on a general calendar estimate. 750 ILCS 5/609.2(d).
The Path Forward
Gather the parenting judgment, notice, proposed address and route, school calendars, exchange history, and a realistic alternative schedule. Write down which aspects of the proposed move concern your child most.
If you have received a relocation notice or are considering a move involving your children, you may request a timely family-law consultation with Joerika Stitt Esquire, LLC before signing a notice or taking action under the existing order.
Educational information only. This article does not constitute legal advice and does not create an attorney-client relationship. Laws, program standards, and deadlines can change; the outcome depends on the applicable facts and law.