Relocation

When does a move qualify as relocation in Illinois?

The threshold depends on the child’s current primary residence and the proposed destination. Under 750 ILCS 5/600(g), the statutory categories are:

• From Cook, DuPage, Kane, Lake, McHenry or Will County to another Illinois residence: more than 25 miles from the child’s current primary residence.
• From another Illinois county to another Illinois residence: more than 50 miles from the child’s current primary residence.
• From Illinois to another state: more than 25 miles from the child’s current primary residence.

The statute uses surface-road distance measured by an Internet mapping service. If it offers alternative routes, the shortest-distance alternative is used. A straight-line radius is not the statutory measurement. A move below the relocation threshold still calls for review of the existing parenting order and practical schedule.

For example, a hypothetical 30-mile move within Illinois from a child’s primary residence in Will County crosses the 25-mile threshold. A 30-mile in-state move from a primary residence in Kendall County does not cross that county’s 50-mile threshold. A county name or town boundary alone does not decide the issue; the residences and statutory measurement matter.

Notice, consent and court approval are separate steps.

Section 609.2 addresses relocation by a parent allocated the majority of parenting time or either parent allocated equal parenting time. It requires written notice to the other parent and a copy filed with the circuit clerk. The ordinary notice period is at least 60 days, unless notice is impracticable, in which case it must be given at the earliest practicable date, or the court orders otherwise.

The notice must include the intended move date, intended new address if known, and duration if the move is not indefinite or permanent. The statute permits the court to waive or seal some or all required information when there is a history of domestic violence.

If the other parent signs the notice and it is filed with the court, the statute permits relocation without further court action. It also addresses modification of the parenting plan to accommodate the move by agreement, consistent with the child’s best interests. If the other parent objects, does not sign, or the parents cannot agree on the parenting-plan modification, the parent seeking relocation must petition for permission.

Do not treat silence, a casual conversation or an unsigned proposed schedule as the completed statutory process. Discuss notice, filing and the necessary parenting-plan provisions before committing to a move.

Build a plan that explains the child’s life after the move.

Section 609.2(g) identifies the best-interests factors. Prepare concrete information about the reasons for the move, schools, relationships, family support, travel and how meaningful parenting time could work. The proposed plan should address ordinary school weeks as well as holidays, breaks, transportation and costs.

• Compare the current and proposed school arrangements and daily schedules.
• Identify travel time, transportation responsibilities and realistic exchange locations.
• Explain how the proposal preserves the child’s relationships with both parents and other important people.
• Separate confirmed arrangements from possibilities that still depend on employment, housing or other decisions.

Crossing a state line can also raise jurisdiction questions distinct from permission to relocate. See the interstate parenting statute references. For local resources, see Will County parenting resources; for changes to an existing order, see post-decree matters.