Reasons A Judge Will Deny Relocation Illinois
As aSchaumburg divorce attorney, I am often asked why a judge might deny a parent’s request to relocate with their child. Relocation cases in Illinois are among the most emotionally charged and legally complex matters in family court. The decision does not depend solely on a parent’s desire to move or improve their circumstances, it depends on what is in the best interests of the child. Under Illinois law, judges carefully evaluate the facts of each case, considering how a move would affect both the child and the other parent’s relationship.
I’ve seen many parents believe they have a valid reason to move, such as a new job, remarriage, or family support in another state, only to discover that the court views the situation differently. Illinois law places a heavy emphasis on stability, continuity, and meaningful parental involvement. Before a judge approves relocation, the moving parent must show that the move genuinely serves the child’s welfare and not simply their own convenience. When those standards are not met, a relocation request can be denied.
Understanding Relocation Under Illinois Law
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2), a parent with the majority of parenting time or equal parenting time must obtain either the other parent’s consent or a court order before relocating. Relocation is defined by distance:
- Moving more than 25 miles from the child’s current primary residence if they live in Cook, DuPage, Kane, Lake, McHenry, or Will County, or
- More than 50 miles from the child’s residence in any other Illinois county, or
- More than 25 miles across state lines from an Illinois residence.
If the non-moving parent objects, the court must hold a hearing to determine whether relocation is in the child’s best interests. A judge evaluates multiple statutory factors, including the reasons for the move, the reasons for opposition, the child’s relationships, education, and overall well-being.
Common Reasons Judges Deny Relocation
- The Move Does Not Benefit The Child – The central test under 750 ILCS 5/609.2(g) is the child’s best interests. If the judge determines that relocation primarily benefits the parent rather than the child, the request will likely be denied. For example, a parent who wishes to move simply for personal preference—like a new climate or lifestyle—without clear educational, emotional, or financial advantages for the child will face difficulty convincing the court.
- The Move Disrupts The Child’s Stability – Judges consider the child’s adjustment to home, school, and community. A relocation that uproots a child from a stable, familiar environment, especially during formative years, may be seen as too disruptive. If the child is thriving academically and socially, the court is reluctant to disturb that stability unless there are compelling reasons to do so.
- The Other Parent’s Relationship Would Be Harmed – Illinois courts prioritize maintaining strong relationships with both parents. If relocation would make it impractical for the non-moving parent to exercise regular parenting time, the court may deny the request. Even offers of longer holiday or summer visitation may not compensate for the loss of consistent contact. Judges want to ensure that both parents remain active and present in the child’s life.
- The Parents’ Motives Are Questionable – When judges suspect that relocation is intended to interfere with the other parent’s rights, undermine their relationship, or retaliate after a contentious divorce, the request will almost certainly be denied. The court examines the history of cooperation between the parents, communication patterns, and any past interference with parenting time.
- Lack Of A Feasible Parenting Plan – Even if relocation appears beneficial, the court needs a detailed and realistic plan for continued parental involvement. If the moving parent cannot propose an effective schedule or fails to show how transportation and costs will be managed, the judge may reject the move. The absence of a solid parenting plan signals that the relocation might harm the child’s relationship with the non-moving parent.
- Weak Evidence Supporting The Move – Judges require concrete proof of necessity or benefit. A parent claiming job relocation must provide a written job offer or employment contract. A claim about better schools must be supported by factual comparisons. When evidence is weak, speculative, or unsupported, relocation is likely to be denied.
How Judges Evaluate “Best Interests” Factors
Under Section 609.2(g), judges consider multiple elements when determining whether a move should be approved. These include:
- The reasons for and against relocation;
- The child’s educational opportunities;
- Extended family presence;
- The effect on parenting time;
- The child’s wishes, depending on age and maturity; and
- Whether the relocation will enhance the quality of life for both parent and child.
If these factors collectively show that the child would lose more than they gain from relocation, the court will deny permission to move.
Why You Need Experienced Legal Representation
Relocation cases require compelling evidence, credible testimony, and a precise understanding of Illinois law. As a divorce attorney in Schaumburg, I assist clients in preparing detailed relocation petitions, gathering supporting documentation, and anticipating potential objections from the other parent. Whether you are seeking to relocate or trying to prevent a move, your attorney’s preparation and presentation can make a decisive difference in the outcome.
Frequently Asked Questions About Relocation Denials In Illinois
What Does The Court Consider “In The Best Interests Of The Child”?
The “best interests” standard, as outlined in 750 ILCS 5/602.7 and 609.2, focuses on the child’s emotional, educational, and physical well-being. Judges assess how relocation will affect the child’s stability, family relationships, and schooling. Even if a parent’s life may improve after a move, the court must find clear benefits for the child before approving relocation.
Can I Move Without The Other Parent’s Permission?
No. If you share custody or have the majority of parenting time, you must either obtain written consent or a court order under 750 ILCS 5/609.2(b). Moving without authorization can result in contempt of court, loss of custody, or modification of parenting time. Always seek legal approval before relocating.
Will The Judge Consider My New Job Offer As A Valid Reason To Move?
A job offer may support relocation if it significantly improves your financial stability and benefits the child’s quality of life. However, judges require concrete documentation—such as a contract or letter from the employer—and must weigh this advantage against the disruption to the child’s relationship with the other parent.
Does The Child’s Opinion Matter?
Yes. Under 750 ILCS 5/602.7(a)(2), the child’s preference is one of several factors, depending on age and maturity. The court may conduct a private interview with the child to understand their wishes. However, the child’s opinion alone will not control the outcome if the court determines the move is not beneficial.
Can The Court Modify Custody If I Try To Move Without Approval?
Yes. If you relocate without authorization, the court can modify parental responsibilities or transfer primary custody to the other parent. Judges treat unauthorized moves as violations of court orders, which may also harm your credibility in future proceedings.
What Evidence Strengthens A Relocation Petition?
Successful petitions typically include evidence of better employment, safer living conditions, higher-quality schools, and a supportive family nearby. Detailed parenting plans that maintain regular contact with the other parent also strengthen your case. The more thorough and child-focused your proposal, the higher your chances of approval.
If My Request Was Denied, Can I File Again Later?
Yes, but only if circumstances change significantly. For example, if you later secure a better job with substantial income benefits or if the child’s needs evolve, you may refile. Courts discourage repetitive petitions without new evidence, so timing and preparation are critical.
Contact the Law Office of Fedor Kozlov for Illinois Relocation Help
Relocation disputes require clear evidence, persuasive legal arguments, and a strong understanding of Illinois family law. I represent parents throughout Schaumburg and the greater Chicago area who are facing complex relocation issues. Whether you are seeking approval to move or defending against a relocation request, I will work to protect your parental rights and your child’s best interests.
Contact our Chicago divorce attorney at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. Our firm represents clients in Schaumburg, Cook County, and across the Chicago metropolitan area.
