How Does a Parent’s Relocation Affect Child Custody in Illinois?

 Posted on August 11, 2026 in Family Law

When parents get divorced in Illinois, child custody is a key issue. In Illinois, what people often call child custody is handled through the allocation of parental responsibilities. This includes parenting time and the right to make major decisions for the child. When one parent plans to move, the parenting plan may need to change.

If you or your children’s other parent intends to relocate in 2026, it is important to understand what this could mean for your parenting plan. A Geneva, IL child custody attorney can explain what notice you owe the other parent and how decisions will be made if the move is contested.

Does Parental Relocation Require Court Approval in Illinois?

If a parent who has equal or majority parenting time wants to move with their child, their move may require approval from the court. Illinois law defines a "relocation" based on the distance and location of the proposed move. If the move counts as a relocation, the parent must follow certain rules. Court approval may be needed if the other parent does not agree to the move.

If the child’s current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, an in-state move of more than 25 miles qualifies as a relocation. For other Illinois counties, the threshold is more than 50 miles. An out-of-state move of more than 25 miles from the child’s current primary residence also qualifies (750 ILCS 5/600). The distance is measured using an Internet mapping service and surface roads.

If the move qualifies as a relocation under Illinois law, the parent moving must usually give the other parent at least 60 days’ written notice. This is called a "relocation notice."

What Must a Relocation Notice Include in Illinois?

A relocation notice must meet certain requirements. The notice must include:

• The date the parent intends to relocate
• The address of the new residence, if the parent knows it
• How long the move will last (if it isn’t permanent or indefinite)

The relocating parent gives the notice to the other parent and files a copy with the clerk of the circuit court (750 ILCS 5/609.2).

If the other parent signs the notice and it is filed with the court, the move can usually go forward without another court hearing. If the other parent objects, does not sign, or the parents cannot agree on a new parenting plan, the relocating parent must ask the court for permission to move. The court will then decide whether the move is in the child’s best interests.

What Will an Illinois Court Review If the Other Parent Objects to a Relocation?

Illinois law specifies certain issues for a judge to consider when a relocation is contested. A judge may look at:

• The reasons for the move
• The reasons the other parent is objecting
• The quality of the child’s relationship with each parent
• The educational opportunities in the current and proposed locations
• Whether extended family lives in either place
• The anticipated impact of the move on the child
• Whether a reasonable allocation of parenting time is still workable
• The child’s wishes (depending on their age and maturity)

If the court deems the move to be in the child’s best interests, the relocation will still be approved despite the other parent’s objection.

Can a Parent Move Before an Illinois Court Rules on Their Relocation?

Moving with the child before the relocation process is finished can cause serious problems. If the other parent objects, the relocating parent must ask the court for permission to move. They should wait for the court to make a decision before moving the child.

Moving without permission could violate the current parenting plan or court order. If that happens, the court could order the child to return or even hold the parent in contempt. A judge may also think about how the move affected the child’s relationship with the other parent when deciding on custody in the future.

How Does Parental Relocation Affect a Parenting Plan?

Whether the relocation is approved by the other parent or allowed by court order, the parenting plan might need to change. Parents may need a new schedule that allows both of them to maintain a meaningful relationship with the child. For example, the child might stay with one parent longer during school breaks instead switching frequently.

The new plan should explain how the child will travel between the parents’ homes and how the parents will make important decisions about the child.

Contact a Kane County, IL Family Law Attorney Today

We at Serrano Hanson & Hurtado, LLC know that a parent’s relocation can affect the whole family. We can represent you in your efforts to petition for relocation or contest the other parent’s move. We can also help with any necessary parenting plan modifications. We handle these cases in English and Spanish, and we offer free consultations.

Call 630-844-8781 to learn what our Geneva, IL child custody lawyers can do for you. Se habla español.