When Can a Parent Request to Relocate With a Child?

Moving to a new city, a new state, or even just across the county line can feel like a fresh start. But when a custody or parenting plan is already in place, relocating with your child is rarely as simple as packing boxes. Illinois law sets specific rules that govern when and how a parent can request to relocate, and the process matters more than most parents expect. The relocation process usually involves:

• Notice requirements: You must give written notice to the other parent before relocating
• Distance thresholds: Whether court approval is required depends on how far you plan to move
• Valid reasons: Courts look at why you want to relocate and whether the move is made in good faith
• Best-interest factors: A judge weighs multiple factors to decide whether the relocation benefits your child
• Court approval: If the other parent objects, you will need a judge to sign off on the move

Here at Hammer Serna & Quinn, LLC, we want you to understand your rights when it’s time for you to relocate and begin the next chapter in your life. If you have further questions or need assistance with requesting to relocate with your child, we encourage you to reach out to our team.

What Are the Notice Requirements for Parental Relocation in Illinois?

Under Illinois law, a parent who wishes to relocate with their child is required to provide a written notice to the other parent. This notice must be sent at least 60 days before the move date. It should include the intended new address, the move date, and a proposed revised parenting schedule.

Once you send that notice, the other parent has 30 days to object in writing. If the other parent objects, the matter goes before a judge.

How Far Can You Move Before You Need Court Permission?

Not every move triggers the formal relocation process. Illinois law distinguishes between moves based on distance:

• 25 miles or more: Relocation notice is required if the move crosses that threshold and takes you outside Illinois, or if you live in Cook, DuPage, Kane, Lake, McHenry, or Will County
• 50 miles or more: Relocation notice is required if you live in any other Illinois county
• Moves within the same county or under the threshold: These may not require formal court approval, but modifying your parenting plan is still worth discussing

If you are unsure whether your planned move meets the threshold, an attorney can review your specific situation before you take action.

What Counts as a Valid Reason to Relocate With a Child?

Courts in Illinois do not require a parent to prove an extraordinary reason to move. However, the reason behind the relocation does matter. A judge will look at whether the move is being made in good faith and not primarily to interfere with the other parent’s time with the child. Common reasons courts recognize as valid include:

• A new job opportunity or career advancement
• Proximity to extended family who can provide support
• A new marriage or relationship
• Lower cost of living or improved financial stability
• Educational opportunities for the parent or child

The stronger and more documented your reason, the better positioned you are if the case goes before a judge.

What Best-Interest Factors Does a Judge Consider?

If the relocation is contested, a court will weigh whether the move serves the child’s best interests. This is the heart of every relocation case. Illinois courts look at a range of factors, including:

• The child’s relationship with each parent and any siblings
• The anticipated impact of the move on the child’s development and daily life
• Whether a realistic, revised parenting schedule is possible after the move
• The child’s wishes, depending on age and maturity
• The history of each parent’s involvement in the child’s care
• Each parent’s willingness to support the child’s relationship with the other parent

No single factor is automatic. A judge weighs all of them together, and the outcome can vary significantly from case to case.

What Does the Court Approval Process Look Like?

If the other parent objects to the relocation, the requesting parent must file a petition with the court. From there, both sides present their positions, and a judge decides based on the best-interest standard described above. The process can involve:

• Mediation, if the court orders it or if both parties agree
• A Guardian ad Litem, appointed to represent the child’s interests
• Testimony from both parents and, in some cases, witnesses
• A review of the proposed revised parenting schedule

Getting the outcome you want in a contested relocation case takes preparation. The way you document your reasons, present your proposed parenting plan, and frame your child’s best interests all carry real weight in front of a judge.

Talk to a Family Law Attorney Before You Make Any Decisions

Relocation cases are not the place to figure things out as you go. A misstep, like moving before giving proper notice or missing a filing deadline, can seriously harm your position in court.

The attorneys at Hammer Serna & Quinn, LLC represent parents in relocation matters across Cook, Lake, DuPage, and Will counties. Contact the firm today to schedule a consultation and get clear answers about your specific situation.