How Relocation Can Affect Parenting Time Rights
When a parent decides to move, it can lead to some of the toughest parenting disputes in Illinois family law. Even if a move makes sense for work, housing, remarriage, family support, or other personal reasons, it can greatly change how often a child sees the other parent. Illinois law separates a regular move from a legal “relocation,” which comes with special rules. If I represent a parent who wants to move, I work to show how the move is good for the child and keeps a strong bond with the other parent. If I represent the parent who does not want the move, I look at how it would affect parenting time, school, transportation, family ties, and the child’s current stability.
When A Move Becomes A Legal Relocation In Illinois
Not every move is considered a relocation under Illinois law. The definition is contained in 750 ILCS 5/600(g). If the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move within Illinois is considered a relocation when the new residence is more than 25 miles from the child’s current primary residence. The mileage is measured using surface roads through an Internet mapping service. If the child’s primary residence is in another Illinois county, the threshold for a move within Illinois is more than 50 miles. A move outside Illinois is generally considered a relocation when the new residence is more than 25 miles from the child’s current primary residence.
This rule matters a lot for families in Schaumburg since it is in Cook County. A parent could trigger Illinois relocation law by moving more than 25 miles, even if they stay within the state.
A move that is less than the legal distance limit does not mean parenting-time issues go away. Even a shorter move can affect transportation, school schedules, exchanges, activities, or the current parenting plan. These changes might still be reasons to ask the court to review parenting-time arrangements.
Which Parent May Seek To Relocate With A Child?
Under 750 ILCS 5/609.2(b), a parent who has been allocated a majority of parenting time may seek to relocate with the child. When the parents have equal parenting time, either parent may seek relocation.
This makes the existing allocation judgment extremely important. Before advising a parent about a proposed move, I review the parenting plan, the allocation of parenting time, decision-making responsibilities, school arrangements, transportation provisions, and any language concerning future moves.
Relocation frequently arises while a divorce or parentage proceeding is still pending as well. Under 750 ILCS 5/603.5, an Illinois court may permit a temporary relocation before a final allocation judgment if the court determines that doing so is in the child’s best interests. A temporary relocation does not automatically determine the final allocation of parental responsibilities.
Illinois Requires Written Notice Before Relocation
A parent generally cannot simply move the child and address the legal consequences afterward.
Under 750 ILCS 5/609.2© and (d), a parent intending to relocate must provide written notice to the other parent under the parenting plan or allocation judgment and file a copy of that notice with the circuit court clerk. The notice generally must be provided at least 60 days before the planned relocation. If 60 days of notice is impracticable, notice must be provided at the earliest practical date unless the court orders otherwise.
The notice must state the intended relocation date, the address of the proposed new residence if known, and the expected duration of the relocation when the move is not intended to be permanent.
Not following these rules can hurt a parent’s case. Section 609.2 lets the court consider if a parent did not give proper notice when deciding if the move was made in good faith. The court can also order the parent to pay reasonable attorney’s fees and costs for not following the rules.
Parents Can Agree To The Relocation
Not every relocation dispute requires a contested hearing. If the non-relocating parent signs the required notice and the relocating parent files it with the court, 750 ILCS 5/609.2(e) permits the relocation without further court action concerning whether the move itself may occur. The parenting plan or allocation judgment must then be modified to accommodate the relocation, provided the agreement remains consistent with the child’s best interests.
When an agreement is possible, I want it to address much more than permission to move. Parenting-time schedules may need to account for longer drives, school breaks, holidays, summer vacation, airfare, transportation expenses, pickup locations, extracurricular activities, telephone calls, video communication, and other practical issues. A poorly drafted agreement can create repeated disagreements after the move.
What Happens When The Other Parent Objects?
If the other parent does not agree to the relocation, the parent proposing the move may petition the court for permission.
Relocation cases are highly fact-specific. A court does not simply decide whether the relocating parent’s reason sounds reasonable. The focus is the child’s best interests and the practical effect of the proposed move on the child’s relationship with both parents.
Illinois law requires courts to consider numerous factors under 750 ILCS 5/609.2(g). Those considerations include the circumstances and reasons for the proposed relocation, the reasons for the objection, each parent’s history and quality of relationship with the child, educational opportunities, extended family relationships, the anticipated effect of the relocation on the child, and whether a workable allocation of parental responsibilities can be created after the move. The court may also consider the child’s wishes when the child has sufficient maturity to express a reasoned and independent preference. Another significant consideration is whether arrangements can minimize harm to the relationship between the child and the parent who will remain behind.
These cases usually require more than showing that a new job pays better or that the new community has good schools. I look at the complete effect of the move on the child’s daily life.
Parenting Time Can Change Significantly After Relocation
A relocation can make an existing parenting schedule impractical even when both parents have maintained frequent contact with the child.
For example, a schedule involving several weekday exchanges may work when parents live ten minutes apart but become difficult when they live an hour or more apart. A court may need to restructure parenting time by reducing frequent short visits while creating longer blocks during weekends, school holidays, and summer breaks.
Under 750 ILCS 5/602.7, parenting time is allocated according to the child’s best interests. Relevant considerations include the child’s adjustment to home, school, and community, the child’s needs, the distance between the parents’ residences, transportation difficulty and expense, the schedules of the parents and child, and each parent’s ability to cooperate. The court also considers whether each parent is willing and able to support a close and continuing relationship between the child and the other parent.
Because these factors directly overlap with relocation concerns, I pay close attention to whether the proposed schedule is realistic rather than merely attractive on paper.
Relocation Is Considered A Substantial Change In Circumstances
Illinois law expressly states in 750 ILCS 5/609.2(a) that relocation constitutes a substantial change in circumstances for purposes of modifying parental responsibilities under Section 610.5.
Under 750 ILCS 5/610.5, parenting time may be modified when changed circumstances require a modification to serve the child’s best interests. The statute also permits modification of a parenting plan or allocation judgment when a substantial change affecting a parent or child has occurred and modification is necessary for the child’s best interests.
That means relocation can affect far more than the child’s address. It can lead to changes in weekdays, weekends, holiday schedules, school transportation, vacation periods, exchange locations, and other parts of the parenting plan.
The Court Will Examine The Child’s Existing Stability
One of the central issues I examine in a relocation case is what the child would be leaving behind.
Under 750 ILCS 5/602.7, Illinois courts consider the child’s adjustment to the child’s home, school, and community when determining parenting time. The statute also directs courts to examine relationships with parents, siblings, and other people who significantly affect the child.
A child who is strongly established in a school, has close relationships with extended family, participates in local activities, and spends substantial time with both parents may face different considerations than a younger child whose circumstances are more flexible.
The relocating parent may present evidence that the proposed community offers stronger family support, better living conditions, educational opportunities, or other meaningful benefits. The opposing parent may present evidence showing that those benefits do not outweigh the disruption to the child’s existing relationships and parenting schedule.
Transportation And Costs Can Become Major Issues
Distance changes the economics and logistics of parenting.
A relocation may require several hours of driving for parenting-time exchanges. An interstate move can involve airline tickets, airport transportation, missed work, and scheduling around school calendars.
Section 602.7(b)(9) specifically directs Illinois courts to consider the distance between parents’ residences, transportation costs and difficulties, family schedules, and the parents’ ability to cooperate.
For that reason, I encourage clients to present a concrete proposal. A relocation plan should address who transports the child, where exchanges occur, who pays transportation expenses, how delays are handled, and how meaningful parenting time can continue.
Frequently Asked Questions About Relocation And Parenting Time In Illinois
How Far Can A Parent Move With A Child Without Court Approval In Schaumburg?
The answer depends on the child’s current primary residence and the circumstances of the case. Under 750 ILCS 5/600(g), when the child’s primary residence is in Cook County, a move within Illinois becomes a statutory relocation when it exceeds 25 miles from the child’s current primary residence, measured using surface roads through an Internet mapping service. Schaumburg is located in Cook County, so this 25-mile threshold is particularly relevant to local families.
That does not mean a parent can automatically move 24 miles without considering the parenting plan. A shorter move could still interfere with school transportation, exchanges, weekday parenting time, or another provision of an existing court order. I review both the mileage requirement and the existing parenting judgment before advising a parent about a proposed move.
Does The Other Parent Have To Agree Before I Relocate With My Child?
When the proposed move qualifies as a relocation under Illinois law, the statutory procedure must be followed. If the other parent signs the relocation notice and it is properly filed with the court, the relocation can generally proceed without a contested relocation hearing. The parenting plan may then be modified to accommodate the move if the agreed changes are in the child’s best interests.
If the other parent objects or refuses to sign, the parent seeking relocation can ask the court for permission. At that point, the judge evaluates the relocation under the best-interests factors contained in 750 ILCS 5/609.2.
Speak With A Schaumburg Family Law Lawyer About Relocation And Parenting Time
A proposed relocation can alter the practical foundation of a parenting plan. Whether you want to relocate with your child or believe the other parent’s proposed move would harm your parenting-time rights, the legal and factual details matter.
At the Law Office of Fedor Kozlov, I represent parents on either side of relocation disputes as well as matters involving divorce proceedings, allocation of parental responsibilities, parenting time and visitation rights, paternity, and other Illinois family law issues. I can review the existing parenting arrangement, determine how Illinois relocation law applies, and help you present your position concerning the child’s best interests.
Contact our Schaumburg parental relocation attorney at the Law Office of Fedor Kozlov at (847) 241-1299 to receive a consultation. The firm represents clients in Schaumburg and throughout Chicago, Illinois.
