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As family law attorneys in Illinois, we understand how stressful and emotional it can be when one parent wants to move away with the children. Whether you’re the parent considering relocation or the one staying behind, move-away cases carry serious legal consequences.
These cases often bring up concerns about parental rights, parenting time, and how the children will be affected. Illinois law has clear guidelines about what is required when a parent wants to relocate with a child. The court’s focus is always on the best interests of the child, but as attorneys, our job is to make sure your rights are protected every step of the way.
Parental relocation is not as simple as packing up and leaving. In Illinois, even a relatively short move can trigger legal procedures that require court approval, depending on which county you’re in. These types of cases can become highly contested, especially when parents disagree about what’s best for their children. That’s why it’s essential to understand the legal standards, timelines, and rights you have as a parent before making any decisions or before allowing a move you don’t agree with.
Under 750 ILCS 5/600(g) of the Illinois Marriage and Dissolution of Marriage Act, a “relocation” is legally defined and only applies to certain types of moves by the parent who has been allocated the majority of parenting time or equal parenting time. The law defines relocation as:
Even if both parents agree informally, it is always good practice to seek an attorney to help you formalize that agreement in writing. If there’s no written agreement on file with the Court, then it may be very difficult to enforce one position or another if the parties later disagree over something. Just because the parties are in agreement now doesn’t mean they will stay in agreement.
A parent who wants to move with the child must provide written notice to the other parent and file that notice with the court. According to 750 ILCS 5/609.2(d), the notice must be given at least 60 days before the intended move, unless it’s not possible, in which case the parent must provide it as soon as practicable. The notice must include:
If the other parent agrees and signs the notice, and the court finds that the relocation is in the child’s best interest, the court will generally approve the move without further hearing. If the other parent objects, or doesn’t respond one way or the other, the parent then seeking the relocation must file something with the Court and will likely require a hearing before the matter is resolved. The party seeking to relocate the children must persuade the court that the move is in the best interest of the children.
When there is no agreement, the court applies a “best interest of the child” standard. Under 750 ILCS 5/609.2(g), the court will consider several factors, including:
This is where we step in to present a strong case that supports your position—whether you’re seeking to move or seeking to prevent it. We have had experience with relocation proceedings and our skilled attorneys will help frame your arguments so that they will be more persuasive to the Judge.
If a parent moves with a child without following the proper procedure, the court may take immediate legal action. The non-moving parent can file an emergency petition to have the child returned. Courts take unauthorized relocations seriously and may consider them grounds to modify custody or parenting time.
If a party follows the proper procedure and the Court grants their request for relocation, then there’s likely little the opposing party can do. But if the party seeking relocation has not followed the proper procedure. Failure to comply with Illinois relocation laws can also result in contempt of court or damage to a parent’s credibility in future custody proceedings. That’s why we always advise our clients to go through the correct legal channels before any relocation happens.
Whether you’re trying to relocate for a job, family support, or better schooling—or you’re concerned about losing time with your child—relocation cases require a careful legal approach. Our job is to ensure your side is fully heard, backed by strong evidence, and supported by the law. Relocation may change your child’s entire upbringing, and it will definitely impact both parents. That’s why courts look closely at each case before making a decision.
If your move meets the legal definition of relocation under 750 ILCS 5/600(g), you must provide written notice and obtain court approval—even if the move is for a job. The court will examine whether the relocation is in your child’s best interests, not just whether it benefits you. That means you’ll need to show how the move improves your child’s education, stability, or overall well-being.
Possibly. If you don’t agree to the move, the relocating parent must petition the court, and a judge will decide the outcome. You’ll have an opportunity to argue how the move would harm your relationship with your child or negatively affect their quality of life. If you share parenting time or have a close relationship with your child, the Court may agree with your position.
The court weighs multiple factors, as outlined in 750 ILCS 5/609.2(g). Judges look at the reasons behind the move, the strength of each parent’s bond with the child, and whether the relocation will improve the child’s life overall. The court will also consider how the move affects parenting time and the feasibility of a new schedule that preserves both relationships.
Temporary moves—such as vacations or visits—typically don’t count as legal relocations under Illinois law. However, if a temporary move becomes extended or disrupts the parenting time schedule, you may need court permission. It’s best to discuss any significant relocation, even short-term, with your attorney to avoid potential violations.
If the other parent relocates with your child without following the legal process, you can file a motion to compel return or request emergency relief. Illinois courts may impose sanctions or even change custody orders if a parent disregards the legal relocation requirements. It’s important to act quickly if this happens.
At SBK Law Group, we protect your rights when relocation is on the table. Whether you’re seeking to move or trying to preserve your parenting time, we’re ready to guide you through the legal process and fight for the outcome that’s best for you and your child.
Call SBK Law Group today at 630-427-4407 to schedule your consultation with our Downers Grove visitation and custody attorneys. We represent clients in Downers Grove, Illinois, and throughout Chicago from our office locations in Downers Grove.
