What Happens If A Parent Wants To Move Out Of Illinois With A Child?
Parents may want to move out of Schaumburg with their child for many reasons, such as a new job, remarriage, more affordable housing, better schools, or support from family. But if the other parent has court-ordered parental responsibilities or parenting time, you usually cannot decide to move on your own. Moving without following Illinois law can lead to emergency court hearings, changes to your parenting plan, attorney’s fees, and even an order to bring your child back. Before making any travel plans or signing a lease in another state, make sure you understand the relocation process and how the move could affect your child’s relationship with both parents.
Illinois courts focus on whether a move is in the child’s best interests, not just if it benefits the parent who wants to relocate. I work with both parents who want to move and those who are concerned about losing time with their child. Both sides need to be ready to share detailed information about the child’s current life, the new community, and how parenting time could continue after the move.
When A Move Becomes A Legal Relocation In Illinois
Not every change of residence is treated as a legal relocation under Illinois law. The definition depends on where the child’s current primary residence is located and how far the proposed residence would be from that location. Under 750 ILCS 5/600(g), a move from Cook, DuPage, Kane, Lake, McHenry, or Will County to another Illinois residence is considered a relocation when the new home is more than 25 miles away. Because Schaumburg is located within Cook and DuPage Counties, this 25-mile rule commonly applies to local families.
A move from another Illinois county is generally considered a relocation when the new residence is more than 50 miles from the child’s current primary residence. A move outside Illinois is considered a relocation when the new residence is more than 25 miles from the child’s current primary residence. The distance is measured by an internet mapping service using surface roads and the shortest available route. Therefore, even a move to a neighboring state may trigger the relocation statute.
Which Parent May Request Relocation?
Under 750 ILCS 5/609.2(b), a parent who has been allocated a majority of the child’s parenting time may seek permission to relocate with the child. When the parents have equal parenting time, either parent may request relocation. The right to ask for relocation does not mean the request will automatically be granted.
If a parent has much less than equal parenting time, they usually cannot just move the child to another state. The current court orders and parenting plan stay in place until the court approves a change or both parents agree and the court accepts it. I recommend reviewing your current court orders carefully before making any plans to move.
Written Notice Must Usually Be Provided
A parent intending to relocate must provide written notice to the other parent under 750 ILCS 5/609.2 and file a copy of that notice with the clerk of the circuit court. The notice generally must be provided at least 60 days before the proposed relocation. When 60 days’ notice is impracticable, the parent must give notice at the earliest practicable date unless the court orders otherwise.
The notice should include the planned moving date, the new address if you know it, and how long you expect to be gone if the move is not permanent. If there is a history of domestic violence, the court may keep some or all of this information private to protect your safety.
Not giving proper notice can seriously hurt your chances of getting permission to move. Under 750 ILCS 5/609.2(d), the court may look at whether you gave notice in good faith. The judge can also order you to pay the other parent’s attorney’s fees and costs if you did not follow the rules.
What Happens If The Other Parent Agrees?
If the non-relocating parent agrees to the proposed move, that parent may sign the relocation notice. The relocating parent must then file the signed notice with the court. Under 750 ILCS 5/609.2(e), the move may proceed without a contested relocation hearing when the required notice has been signed and filed.
The parents must still address how the move will affect parenting time and decision-making responsibilities. A schedule designed for parents who live near one another may no longer be practical after an interstate move. The court must modify the parenting plan or allocation judgment to accommodate the relocation, and the agreed changes must remain consistent with the child’s best interests.
A written agreement should address school-year parenting time, holidays, summer vacations, transportation, travel costs, virtual communication, and the exchange of important information about the child. General promises to remain flexible may not provide enough guidance once the parents live hundreds of miles apart.
What Happens If The Other Parent Objects?
The non-relocating parent does not have to sign the notice. If that parent objects, fails to sign, or cannot reach an agreement concerning the revised parenting plan, the parent requesting the move must file a petition seeking the court’s permission under 750 ILCS 5/609.2(f).
The court may then hold a hearing at which both parents can present testimony, documents, witnesses, and other evidence. The relocating parent may present information about employment, housing, schools, family support, health care, child care, and the proposed parenting schedule. The objecting parent may show how the move would reduce regular contact, interfere with school or activities, increase travel burdens, or weaken an established parent-child relationship.
The court does not begin with an automatic assumption that the relocation should be granted or denied. The judge evaluates the particular circumstances of the child and both parents.
How Illinois Courts Decide Relocation Cases
Section 609.2(g) of the Illinois Marriage and Dissolution of Marriage Act identifies several factors that courts must consider. These include the reasons for the move, the reasons for the objection, the history and quality of each parent’s relationship with the child, educational opportunities in both locations, and the presence of extended family.
The court also considers the anticipated impact of the relocation on the child, whether a reasonable allocation of parental responsibilities can be created, and the child’s wishes when the child has sufficient maturity to express an independent preference. Other factors include the parents’ financial circumstances, the child’s developmental needs, possible parenting arrangements, and whether harm to the parent-child relationship can be minimized.
A parent requesting relocation should be prepared to explain more than why the move would personally be helpful. The parent should show how the child would benefit and how the other parent’s relationship with the child would be preserved. Similarly, an objection should be based on the child’s welfare rather than on anger toward the parent who wants to move.
How Parenting Time May Change After A Move
Relocation usually requires significant changes to the parenting schedule. A schedule involving several exchanges each week may become impossible when the parents live in different states. The revised plan may provide the non-relocating parent with longer blocks of parenting time during school breaks, summer vacation, holidays, and extended weekends.
Under 750 ILCS 5/602.7, parenting time must be allocated according to the child’s best interests. Relevant considerations include the child’s adjustment to home, school, and community, the distance between the parents’ homes, transportation costs, the child’s schedule, and the parents’ ability to cooperate. The court also considers each parent’s willingness to encourage a close and continuing relationship between the child and the other parent.
The court may address transportation in considerable detail. An order may identify who purchases airline tickets, who accompanies a young child, where exchanges occur, and how costs are divided. The order may also establish regular telephone calls, video calls, and electronic communication, although virtual contact is not ordinarily considered a complete substitute for in-person parenting time.
Can The Court Modify Decision-Making Responsibilities?
Relocation can affect more than the calendar. It may also require changes to significant decision-making responsibilities involving education, health care, religion, and extracurricular activities. Under 750 ILCS 5/602.5, courts allocate those responsibilities according to the child’s best interests.
For example, changing states may require the selection of a new school, physicians, therapists, or activity providers. A parenting plan should explain how the parents will exchange records, communicate with professionals, and make important decisions despite the distance. If the existing decision-making arrangement is no longer workable, a parent may request modification.
Illinois law treats relocation as a substantial change in circumstances for purposes of modification under 750 ILCS 5/609.2(a). Section 610.5 also permits parenting-time changes when changed circumstances make modification necessary to serve the child’s best interests. The court’s goal is to create an arrangement that remains practical while protecting the child’s relationship with both parents.
What If A Parent Moves Without Permission?
Moving a child out of Illinois without the required agreement or court approval can create serious consequences. The other parent may file an emergency motion asking the court to order the child’s return. The unauthorized move may also be considered when the judge evaluates the relocating parent’s good faith, judgment, and willingness to support the child’s relationship with the other parent.
A parent should not assume that asking forgiveness later will solve the problem. Courts generally expect parents to obey existing parenting orders and statutory notice requirements. An unauthorized relocation may result in additional litigation, attorney’s fees, changes to parenting time, or other court-ordered relief.
The same caution applies to the parent opposing the move. Interfering with parenting time, withholding the child, or using threats instead of filing a proper objection can also harm that parent’s position. Both sides should use the court process rather than taking matters into their own hands.
Evidence That May Strengthen A Relocation Case
Relocation cases are highly fact-specific. Helpful evidence may include a written job offer, proposed work schedule, housing information, school records, child care plans, medical resources, and information about family support in the proposed community. A realistic transportation plan and a detailed proposal for preserving the other parent’s time with the child can also be important.
The child’s present circumstances matter just as much. School performance, friendships, activities, medical needs, emotional health, and relationships with siblings and extended family may all influence the decision. I encourage parents to focus on reliable records and practical details rather than broad claims that one location is simply better.
The parent objecting to relocation should also provide specific evidence. That evidence may show consistent involvement in school, medical care, activities, daily routines, and regular parenting time. Information concerning travel costs, lost contact, scheduling conflicts, or the child’s need for stability may help the court understand how the move would affect the child.
Relocation Issues In Divorce And Parentage Cases
Relocation disputes can arise during a divorce, after a divorce has been completed, or in a case involving unmarried parents. The Illinois Parentage Act, 750 ILCS 46, may first require legal parentage to be established before parenting rights can be fully enforced. Once a parenting plan or allocation judgment is entered, the relocation provisions of the Illinois Marriage and Dissolution of Marriage Act can apply.
I represent either parent in divorce, parentage, parenting time, decision-making, and relocation disputes. The legal strategy will depend on whether a final parenting order already exists, whether the parents currently share equal time, and whether the move has been proposed or has already occurred. Early preparation is especially important because employment offers, school enrollment dates, and housing deadlines may place practical pressure on the case.
Schedule A Consultation With Our Schaumburg Lawyer To Discuss Your Relocation Matter
Relocation cases require careful preparation because the court must balance a parent’s reasons for moving with the child’s need for stability and a meaningful relationship with both parents. I assist parents who want to move as well as parents who oppose a proposed relocation. I also handle related issues involving divorce, parenting time, allocation of parental responsibilities, visitation rights, paternity, transportation, and modifications of existing parenting orders. Acting before the move occurs often provides more options than trying to correct an unauthorized relocation afterward.
The Law Office of Fedor Kozlov represents clients in Schaumburg and throughout Chicago, Illinois, in divorce and family law proceedings. If you are considering moving out of Illinois with your child, have received a relocation notice, or believe that the other parent has moved without permission, contact our Schaumburg child custody attorneys at the Law Office of Fedor Kozlov at (847) 241-1299 to receive a consultation. I can review the existing parenting orders, explain the applicable relocation requirements, and help you present your position to the court.
