Schaumburg Child Relocation Attorney
A parent may have compelling reasons to move, including a new job, a marriage, financial circumstances, or the opportunity to live closer to family. When children are involved, however, a proposed move can affect an existing parenting arrangement and the other parent’s ability to maintain a meaningful relationship with the child.
Illinois law distinguishes between an ordinary residential move and a qualifying relocation. Depending on where the child currently lives, how far the parent intends to move, and the existing allocation of parenting time, a proposed relocation may require formal notice and court involvement.
At The Law Office of Fedor Kozlov, P.C., we represent parents in Schaumburg and surrounding Illinois communities in family law disputes involving parental responsibilities and parenting arrangements. We assist clients in evaluating proposed moves, understanding their rights under Illinois law, and addressing disagreements about how relocation may affect their children.
Whether you are considering moving with your child or opposing a move proposed by the other parent, it is important to understand the legal requirements before making decisions that could affect an existing parenting order.
What Is Child Relocation Under Illinois Law?
Child relocation occurs when a qualifying residential move meets the definition established by the Illinois Marriage and Dissolution of Marriage Act.
Not every move is considered a relocation for purposes of the statute.
Under 750 ILCS 5/600(g), the definition depends on the child’s current primary residence and the distance to the proposed new residence.
The law establishes three categories:
- Cook, DuPage, Kane, Lake, McHenry, and Will Counties: A move from the child’s current primary residence to a new residence in Illinois more than 25 miles away.
- Other Illinois counties: A move from the child’s current primary residence to a new residence in Illinois more than 50 miles away.
- Moves outside Illinois: A move from the child’s current primary residence to a new residence outside Illinois more than 25 miles away.
These statutory distances are measured by an internet mapping service.
The distinction is particularly important for parents living in Schaumburg and nearby communities because the 25-mile threshold applies to children whose primary residence is in Cook County or DuPage County.
A move that does not meet the statutory definition of relocation may still affect child custody and parental responsibilities and create a need to address an existing court order.
Which Parent Can Request Relocation With a Child?
Illinois law does not give every parent identical relocation rights regardless of the existing parenting arrangement.
Under 750 ILCS 5/609.2, a parent who has been allocated a majority of parenting time, or either parent who has been allocated equal parenting time, may seek to relocate with the child.
The existing allocation judgment and parenting plan therefore matter.
For example, a parent who exercises most of the child’s parenting time may be in a different legal position from a parent who has a smaller allocation of time.
Parents should review the actual terms of their court orders rather than relying solely on informal descriptions such as primary parent or joint custody.
The right to seek relocation does not mean that the proposed move will automatically be approved.
When the parents disagree, the court must evaluate the relocation under the applicable statutory standards.
Illinois Child Relocation Notice Requirements
A parent intending a qualifying relocation must provide written notice to the other parent under the parenting plan or allocation judgment.
Section 609.2 also requires a copy of the notice to be filed with the clerk of the circuit court.
How Much Notice Is Required?
The statute generally requires at least 60 days’ written notice before the intended relocation.
If providing 60 days’ notice is impracticable, notice must be given at the earliest practicable date, unless the court orders otherwise.
At a minimum, the written notice must include:
- The intended date of the move
- The address of the proposed new residence, if known
- The anticipated duration of the move if it is not intended to be indefinite or permanent
The court may waive or seal some or all of the required information when there is a history of domestic violence.
Parents should not assume that discussing a move verbally, sending an informal text message, or notifying the other parent after moving necessarily satisfies the statute.
What Happens if a Parent Does Not Provide Proper Notice?
Failure to comply with the statutory notice requirements without good cause can have consequences.
The court may consider noncompliance when evaluating whether the proposed relocation is made in good faith.
The statute also permits an award of reasonable attorney’s fees and costs resulting from the failure to comply.
Because relocation disputes can become urgent, a parent considering a move should evaluate the notice requirements before signing a lease, enrolling a child in a new school, or making other commitments that assume relocation will be permitted.
What Happens if Both Parents Agree to the Relocation?
When the non-relocating parent signs the statutory relocation notice and the relocating parent files it with the court, Section 609.2 allows the relocation without further court action on permission to move.
The court must modify the parenting plan or allocation judgment to accommodate the agreed relocation, provided the agreed modification serves the child’s best interests.
Even when parents agree on the move itself, important practical questions may remain.
For example, the parties may need to establish:
- A revised school-year parenting schedule
- Longer blocks of parenting time during school vacations
- Holiday and summer arrangements
- Transportation and travel responsibilities
- Communication between the child and the non-relocating parent
- Procedures for addressing future scheduling conflicts
An agreement should be specific enough to avoid uncertainty after the move.
Parents who agree to relocation but disagree about the resulting parenting schedule may still require assistance resolving those issues.
What if the Other Parent Objects to the Move?
If the non-relocating parent objects to the proposed relocation or does not sign the required notice, the parent seeking relocation must file a petition requesting court permission.
The parent cannot assume that providing notice alone authorizes the move when the statutory process requires judicial approval.
A contested relocation proceeding allows the court to evaluate evidence concerning the proposed move and its effect on the child.
The court’s decision is based on the child’s best interests under Section 609.2.
A parent’s desire to relocate may be reasonable and sincere without necessarily establishing that moving the child is appropriate.
Likewise, the other parent’s opposition does not automatically prevent relocation.
The court must evaluate the relevant circumstances rather than treating either parent’s preference as controlling.
How Illinois Courts Decide Child Relocation Cases
Section 609.2(g) identifies factors courts consider when determining whether relocation is in the child’s best interests.
These factors focus on the reasons for the proposed move, the child’s circumstances, and whether meaningful relationships can be maintained after relocation.
The Reasons for Moving and Opposing the Move
Courts consider why the relocating parent wants to move and why the other parent objects.
A proposed move may be connected to employment, financial stability, remarriage, housing, or support from extended family.
The court examines the actual circumstances and their potential effect on the child.
The non-relocating parent’s objections are also relevant, particularly when the move would significantly reduce regular contact or interfere with established parenting responsibilities.
Neither a better-paying job nor an objection based on distance automatically determines the outcome.
The Child’s Relationship With Each Parent
Courts consider the history and quality of each parent’s relationship with the child, including whether either parent has substantially failed or refused to exercise allocated parental responsibilities.
A move that makes frequent in-person parenting time more difficult may require significant changes to the existing arrangement.
The court may evaluate whether a different schedule can preserve a meaningful relationship with the non-relocating parent.
Educational Opportunities and Community Connections
The child’s educational opportunities at the current and proposed locations are relevant.
Courts may consider school circumstances, available programs, the child’s adjustment to the current community, and the practical implications of changing schools.
The presence or absence of extended family at each location is another statutory consideration.
For some children, proximity to grandparents or other relatives may provide meaningful support. For others, maintaining established school and community relationships may be particularly important.
The Child’s Wishes
A child’s preferences may be considered, taking into account maturity and the ability to express reasoned, independent wishes concerning relocation.
However, a child does not automatically decide whether the move will occur.
The court evaluates those preferences alongside the other statutory factors.
The Practical Effect on Parenting Time
A central question is whether the court can establish a reasonable allocation of parental responsibilities after the move.
For example, a long-distance relocation may make alternating weekends impractical while allowing longer periods during summer or school vacations.
The court may consider travel costs, transportation arrangements, the child’s age, school obligations, and the parents’ available resources.
The statute also specifically addresses minimizing impairment to the parent-child relationship caused by relocation.
A proposed parenting plan should therefore explain how the child’s relationship with both parents can be supported after the move.
Can a Parent Move Out of Illinois With a Child?
Yes, a parent may seek permission to relocate with a child outside Illinois when the applicable statutory requirements are satisfied.
An out-of-state move is not automatically prohibited, but it may require notice and court approval depending on the circumstances.
Under the statutory definition, a move outside Illinois more than 25 miles from the child’s current primary residence qualifies as relocation.
Illinois law also contains a specific provision addressing certain moves of 25 miles or less across the state border and subsequent moves from that new residence.
These rules can matter for families near the Wisconsin or Indiana borders.
Parents should not assume that crossing a state line automatically triggers the same requirements as every other out-of-state move, or that a relatively short interstate move is free from all legal consequences.
Even when a move does not meet the statutory definition of relocation, existing parenting orders and applicable jurisdictional rules may still need to be considered.
What if a Parent Moves Without Permission?
A parent who undertakes a qualifying relocation without following the required statutory procedures may face legal consequences.
The response depends on the existing parenting order, whether notice was required, whether the other parent objected, and the circumstances of the move.
Possible proceedings may involve enforcement of existing orders, requests for appropriate court relief, or changes to parenting arrangements.
Parents should not assume that completing the move makes it legally irreversible.
At the same time, the court’s response depends on the applicable law and the child’s circumstances rather than an automatic outcome.
If a parent believes the other parent is preparing to relocate improperly, seeking legal guidance before the move occurs may provide more options than waiting until the child has already changed residences.
How Relocation Affects Parenting Time and Decision-Making
A qualifying relocation may require substantial changes to an existing parenting plan.
When parents live relatively close to one another, a child may spend frequent overnights with both parents during the school year. A move involving considerable distance may make that schedule impractical.
Parents may need to reconsider school-year parenting time, summer arrangements, holiday schedules, transportation costs, and communication methods.
However, a change in the child’s residence does not necessarily require an identical change in significant decision-making responsibilities.
Parenting time and decision-making authority are separate legal components, and modifications to existing custody and parenting orders must be evaluated under the applicable legal standards.
Preparing to Request or Oppose Child Relocation
A relocation dispute often turns on detailed facts rather than broad assertions that a move is either beneficial or harmful.
If You Want to Relocate
A parent seeking relocation should be prepared to explain the reasons for the move and how it would affect the child’s daily life.
Relevant information may include employment opportunities, housing arrangements, school options, extended family support, and a proposed long-distance parenting schedule.
The parent should also consider how transportation and travel costs will be managed and how the child can maintain contact with the other parent.
A specific, workable plan is generally more useful than an assurance that parenting time can be figured out later.
If You Oppose Relocation
A parent opposing relocation should identify the concrete ways the move would affect the child and the existing parent-child relationship.
Relevant considerations may include the current parenting schedule, school and community connections, transportation challenges, and whether the proposed alternative arrangements would preserve meaningful contact.
Opposition should focus on the child’s circumstances rather than solely on disagreements between the parents.
Documents That May Be Relevant
Depending on the case, useful materials may include the existing allocation judgment, parenting calendars, school records, proposed employment arrangements, housing information, travel estimates, and communications concerning the move.
An attorney can help determine which information is relevant to the statutory factors and how it should be presented.
Relocation Disputes and Parenting Time Enforcement
Relocation cases sometimes overlap with disagreements about compliance with existing parenting orders.
For example, one parent may believe that the other is using a proposed move to interfere with parenting time. Another dispute may concern whether the current order is being followed while the relocation request is pending.
These concerns should be distinguished from the separate question of whether relocation itself is in the child’s best interests. When an existing schedule is not being followed, parents may also need to address parenting time disputes and enforcement through the appropriate legal process.
Frequently Asked Questions About Child Relocation in Illinois
Can I move 20 miles away with my child without court permission?
A 20-mile move generally falls below the distance thresholds defining relocation under Section 600(g). However, that does not necessarily mean the move can be made without considering the existing parenting order. If the move affects school enrollment, exchanges, or parenting responsibilities, additional legal issues may arise.
Does the other parent have to agree before I relocate?
If a move qualifies as relocation under Illinois law, the statutory notice and approval procedures apply. When the non-relocating parent signs the notice and it is filed with the court, relocation may proceed under Section 609.2(e). If the parent objects or does not sign, the relocating parent must seek court permission.
How far can I move with my child in Cook County?
For a child whose current primary residence is in Cook County, a move to another Illinois residence more than 25 miles away meets the statutory definition of relocation. The same threshold applies to DuPage, Kane, Lake, McHenry, and Will Counties. Different thresholds apply to children residing in other Illinois counties and to certain out-of-state moves.
Can the court deny relocation even if I have a better job opportunity?
Yes. Employment opportunities may be relevant, but the court must evaluate whether relocation serves the child’s best interests under the applicable statutory factors. A financial benefit to the relocating parent does not automatically determine whether the child should move.
Can the other parent stop me from moving if I have most of the parenting time?
Having a majority of parenting time may give a parent the ability to seek relocation under Section 609.2, but it does not eliminate the statutory notice requirements or the possibility of a court dispute. If the other parent objects, the court may need to determine whether the proposed relocation is in the child’s best interests.
Contact a Schaumburg Child Relocation Attorney
A proposed move can create difficult questions about parenting time, schooling, family relationships, and a child’s long-term stability. Illinois relocation law contains specific notice requirements and legal standards that should be considered before a qualifying move occurs.
At The Law Office of Fedor Kozlov, P.C., we assist parents in Schaumburg, Cook County, DuPage County, and surrounding Illinois communities with child relocation disputes and related parenting matters.
If you are planning to relocate with your child or need to respond to a proposed move, call 847-241-1299 to schedule a confidential consultation.
