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Moving with minor children is often a complex and emotional undertaking. This is only heightened when the parties involved are divorced. For divorced parents, the question becomes am I seeking to relocate my children or am I simply moving them? When parents share parenting time after a divorce, questions about moving can become some of the most difficult and emotional issues they face.
A move that may feel necessary for work, family support, or financial reasons can also affect the other parent’s ability to maintain a meaningful relationship with the child. Illinois law takes these concerns seriously, and relocation requires careful planning and strict compliance with statutory requirements.
As attorneys at SBK Law Group, we want you to understand how Illinois courts handle relocation, what steps must be followed, and how to protect your rights while supporting your child’s well-being. The decisions made during this process will impact both parents and the child for years to come, which is why clarity and preparation are essential.
Under Illinois law, relocation is defined by statute. Section 750 ILCS 5/600(g) of the Illinois Marriage and Dissolution of Marriage Act outlines when a move qualifies as a “relocation”. For parents living in Cook, DuPage, Kane, Lake, McHenry, or Will Counties, a move is considered relocation if it is more than 25 miles from the child’s current residence. For parents living in other counties, a move of more than 50 miles qualifies. A move to another state is also considered relocation if it exceeds 25 miles from the child’s current residence.
If the new residence you plan to move to in those counties is less than 25 miles from your current residence, then it will not be considered a removal and instead there will simply be a change of address. It may seem like a small difference, but the difference between simply moving and looking to relocate with the children is quite substantial under Illinois law. Moving mostly requires simply notifying the other party of the planned move, while a relocation requires an evidentiary hearing and the party seeking to move must convince the Judge that relocating the children is in the children’s best interests.
Illinois law requires strict notice procedures before a parent may relocate with a child. Under 750 ILCS 5/609.2(d), the relocating parent must provide the other parent with written notice at least 60 days before the intended move. The notice must include:
If the non-relocating parent signs the notice and agrees, the relocation can typically go forward without court involvement. However, if the other parent objects or refuses to sign, or simply ignores the notice by providing no response either way, the relocating parent must file a petition requesting court approval. Failing to provide proper notice can negatively affect the relocating parent’s case and may result in legal consequences, including modification of parenting time, sanctions, or loss of credibility with the Court. .
Relocation cases focus on the child’s best interests. The judge does not simply consider the parents’ desire to move but evaluates the entire family structure. Under 750 ILCS 5/609.2(g), the court reviews multiple factors, including:
Relocation cases are highly fact-specific. Courts want meaningful, ongoing contact between the child and both parents whenever possible. We help parents articulate their reasons for the move and present clear evidence showing how the relocation supports the child’s well-being. Often times a relocation case will require a Guardian Ad Litem to be appointed by the Court to investigate whether the planned relocation is ir is not actually in the children’s best interest.
If relocation is approved, it is very likely a new parenting time schedule must also be established. This means that the parties Allocation Judgment will likely also need to be modified to reflect the new schedule. Distance often requires a more structured plan that balances school schedules, vacations, and travel arrangements. Courts may assign longer but less frequent parenting periods to maintain strong relationships. Technology-based communication also plays a significant role in maintaining regular contact between the child and the non-relocating parent.
Under 750 ILCS 5/602.7, parenting time must support consistency, stability, and the child’s best interests. We work with parents to create realistic schedules that reflect the realities of distance, school activities, and family routines.
At SBK Law Group, we guide clients through each step of the relocation process, whether they are seeking permission to relocate or contesting it. It is important to note that these require a very different approach depending upon which side the parent finds themselves. The attorneys at SBK Law Group have experience with handling this issue from both perspectives.
These cases often involve significant emotional and financial considerations. Our role is to protect your parental rights, present a compelling legal position, and help you understand the likely outcomes under Illinois law. Proper preparation and timely legal action often make the difference between approval and denial of a relocation request.
Relocation is defined under 750 ILCS 5/600(g) and applies when a parent moves with the child more than 25 miles from their current residence within the six collar counties, or more than 50 miles when living elsewhere in Illinois. A move of more than 25 miles across state lines also qualifies. Even if the move seems small, if it meets these distance thresholds, the parent must follow relocation procedures. This ensures both parents have the opportunity to address changes to parenting time and decision-making.
Also, it is important to note that relocation refers to the parent who is the parent with the majority of parenting time. If you are not the parent with the majority of parent time then it’s unlikely you will need to seek relocation. But you should be aware that moving more than 25 miles from where you currently live may allow the other parent with the majority of parenting time to be able to file a Motion seeking to Modify Parenting Time because of the increased distance between the parties’ respective homes.
Failing to follow the notice requirements under 750 ILCS 5/609.2(d) can result in serious consequences. The court may order the child returned, modify parenting time, or consider the violation during future custody determinations. Illinois law requires written notice at least 60 days before relocating unless the court allows otherwise. A parent who moves without permission risks damaging their legal position and may face sanctions.
The court focuses solely on the child’s best interests. Judges consider each parent’s reasons, the child’s relationships, educational opportunities, family connections, and the impact of travel. Evidence showing improved financial stability, better school systems, or closer proximity to supportive relatives may strengthen the relocation request. Courts also evaluate whether the non-relocating parent can maintain meaningful involvement. Because these factors are complex, preparation and documentation are essential.
Yes. Courts may deny relocation when it disrupts the child’s stability, harms the parent-child relationship, or lacks strong justification. If the relocation appears motivated by conflict, control, or an attempt to disrupt parenting time, denial becomes more likely. Parents must demonstrate that the move benefits the child, not merely the relocating parent. We help clients present their case clearly and address potential weaknesses before the court hearing.
Relocation almost always requires a new parenting time schedule. The court may award extended weekends, holiday blocks, longer summer visits, or virtual communication arrangements. The schedule must reflect the distance between households, school calendars, and the child’s routine. While the logistics may change, the goal remains maintaining consistent, meaningful contact with both parents.
The general rule of thumb is that when parent and child are separated by long distances, the frequency of parenting time decreases but the duration of the parenting time will likely increase. i.e. If a parent lives on the opposite coast of the parent with primary parenting time, then likely they will not see the child as often, but when they do, it might be for the entire winter break, or over the entire summer.
If you are considering relocation or facing a relocation request from the other parent, SBK Law Group is here to help you understand your rights and options under Illinois law. We represent clients in Downers Grove and throughout the Chicago area from our Downers Grove office. Call today to speak with our team and protect your parental rights during this important decision.
Contact the Downers Grove divorce attorneys at SBK Law Group today at 630-427-4407 to schedule your consultation.
