Moving Away With a Child in Illinois: Relocation Notice, Distance Rules and Burden of Proof
In Illinois a parent with majority or equal parenting time who intends a relocation gives at least 60 days’ written notice. If the other parent signs, the move is allowed; if not, the court decides on the child’s best interests using 11 factors.
What does the Illinois relocation statute require?
A parent intending a relocation gives written notice, at least 60 days before the relocation unless that is impracticable (then at the earliest practicable date) or the court orders otherwise, and files a copy with the clerk of the circuit court. The notice must state the intended date of the relocation, the new address and how long the relocation will last if it is not permanent (750 ILCS 5/609.2(c)-(d)).
| Question | What the law says |
|---|---|
| Who must give notice | A parent with a majority of parenting time or equal parenting time who intends a relocation |
| Distance: Cook, DuPage, Kane, Lake, McHenry or Will county | More than 25 miles from the child’s current primary residence |
| Distance: elsewhere in Illinois | More than 50 miles |
| Distance: out of state | More than 25 miles |
| Notice | At least 60 days’ written notice, unless impracticable or the court orders otherwise, filed with the circuit clerk |
| If the other parent signs | Relocation is allowed without further court action |
| If the other parent objects | The relocating parent files a petition and the court decides on the child’s best interests |
The distance tests come from the definition of relocation in the Act and the state’s court form, which we did not verify against the section text (Illinois Legal Aid notice of relocation form).
What happens if the other parent signs in Illinois?
If the non-relocating parent signs the notice and the relocating parent files it, relocation is allowed without any further court action, and the court modifies the parenting plan or allocation judgment to accommodate the move as agreed, as long as the change is in the child’s best interests (609.2(e)).
What happens if the other parent objects in Illinois?
The relocating parent files a petition seeking permission to relocate, and the court decides in accordance with the child’s best interests (609.2(f)-(g)).
What factors does the court weigh in Illinois?
The court modifies the plan in accordance with the child’s best interests and considers 11 factors, which include the circumstances and reasons for the intended relocation, the reasons the other parent objects, the anticipated impact of the relocation on the child, whether the court can fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs, the child’s independent preferences as to relocation and any other relevant factor bearing on the child’s best interests (609.2(g)). Read section 609.2(g) for the full list.
What if a parent moves without notice in Illinois?
The court may consider a parent’s failure to comply with the notice requirements without good cause as a factor in determining whether the relocation is in good faith, and as a basis for awarding reasonable attorney fees and costs (609.2). A relocation is also a substantial change in circumstances for modifying the plan (609.2(a)).
What about support and the schedule after a move in Illinois?
A move can change the parenting schedule and the overnights. Recount with the Illinois parenting time calculator and run the Illinois child support calculator.
Can a court order a move to be allowed without a hearing in Illinois?
Yes, if the non-relocating parent signs the notice and the relocating parent files it with the court; the court then modifies the plan as agreed if the change is in the child’s best interests (609.2(e)).
What should you do before moving in Illinois?
Read your parenting plan or allocation judgment, give the written notice early, and ask a licensed Illinois attorney whether your move meets the statutory distance and whether you have the majority or equal parenting time.
Frequently asked questions
How much notice do I have to give before relocating with a child in Illinois?
At least 60 days’ written notice, unless impracticable or the court orders otherwise.
How far can I move with my child in Illinois without notice?
Up to the statutory distance: 25 miles in the six collar counties, 50 miles elsewhere in Illinois, 25 miles out of state, by the state’s court form.
What if the other Illinois parent will not sign the relocation notice?
The relocating parent files a petition and the court decides on the child’s best interests.
Who can relocate in Illinois?
A parent with the majority of parenting time or equal parenting time.
Does moving without notice hurt an Illinois parent?
The court may treat it as bearing on good faith and may award attorney fees.
Official sources
- 750 ILCS 5/602.7: allocation of parenting time
- 750 ILCS 5/505: child support
- Illinois SB 3524 (Public Act 104-733): child support changes
- 750 ILCS 5/609.2: parent’s relocation
- Illinois Department of Healthcare and Family Services: income shares
- Illinois Legal Aid: notice of relocation form
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.