An Overview of Child Relocation Requests in Illinois

 Posted on March 22, 2026 in Child Custody

If you share parenting time with your child’s other parent and one of you is thinking about moving, you may be facing one of the most difficult situations in family law. Relocation is when a parent moves with a child in a way that affects the other parent’s time. 

A recent U.S. Census Bureau report found that the chance of a family moving nearly triples after a divorce. That means relocation disputes are far more common than many people expect, and being unprepared can put you at a serious disadvantage. 

Illinois has specific rules about when this is allowed and how it must be handled. Failing to follow Illinois’ rules can cost you time with your child and hurt your standing with the court. In 2026, whether you want to move or want to stop the other parent from moving, an Orland Park, IL child custody attorney can help you understand your rights and your options before you take any action.

What Makes a Move Count as a "Relocation" in Illinois?

Not every move triggers the relocation process. Under 750 ILCS 5/609.2, Illinois defines relocation based on distance and geography. For parents in Will, Cook, DuPage, Kane, Lake, or McHenry counties, a move of more than 25 miles from the child’s current home counts as a relocation. For parents in any other Illinois county, the limit is 50 miles.

There is also an important cross-state rule. A move outside Illinois counts as a relocation only if the new home is more than 25 miles from the child’s current primary home, measured by an online mapping service using surface roads. This is a detail that catches many parents off guard. It matters greatly for families in the south suburbs. 

Moving from Joliet, IL, to a town just across the Indiana border would trigger the full relocation process regardless of the short distance. Before you assume your planned move does not require court involvement, confirm where it falls under the law. If your move falls within the limits and the other parent has no objection, you may not need court approval. Any dispute or any move beyond these limits requires a formal legal process.

How Does the Relocation Notice Process Work?

The parent who wants to relocate must give written notice to the other parent at least 60 days before the planned move. That notice must include the intended move date, the new address if known, and how long the move is expected to last if not permanent.

If the other parent agrees and signs the notice, you file it with the clerk of the circuit court, and the move can proceed. If there is no agreement, the relocating parent must file a petition asking the court for permission to move. You will need to show that the relocation serves your child’s best interests, not just your own. This is not always easy to prove, and the outcome depends heavily on the facts of your case.

What Happens If a Parent Moves Without Permission?

Moving without proper notice or court approval is a costly mistake that can cause real damage to your case. A judge can order the child returned to Illinois right away. The court may also treat the unauthorized move as a factor against the relocating parent in future custody decisions, and that parent can be held in contempt of court. In some cases, a judge has responded to an unauthorized move by shifting primary parenting time to the parent who stayed behind. If you are thinking about moving, taking the correct legal steps first is essential to protecting both you and your child.

What Does the Court Look at When Deciding a Relocation Case?

When a judge reviews a relocation petition, the focus is always on the child’s best interests. There is no single factor that automatically tips the case one way or another. Instead, the court takes a broad view of the family’s circumstances. According to 750 ILCS 5/609.2, courts consider factors including:

• The reasons the relocating parent wants to move and why the other parent objects.

• The history and quality of each parent’s relationship with the child.

• Whether a workable parenting schedule can be arranged after the move.

• The effect the move would have on the child’s relationship with the parent who stays behind.

• Educational opportunities at both locations.

• The presence of extended family near the current home versus the new one.

• The child’s wishes depend on age and maturity.

Every relocation case is different, and judges weigh these factors together rather than in isolation. The strength of your case depends on the specific facts of your family’s situation.

What Happens to the Parenting Plan After a Relocation?

If a relocation is approved, the parenting plan will almost always need to be updated. A parent living several hours away cannot realistically keep the same week-to-week schedule that worked before. Courts often address the new distance by giving the non-custodial parent extended time during school breaks, holidays, and summer. This allows the child to spend meaningful blocks of time with both parents even when regular visits are not possible. 

Regular video calls and other virtual contact may also be added to help the child maintain a strong relationship with both parents between in-person visits. The goal is always to protect the child’s bond with each parent, even when geography makes that harder.

Contact a Joliet, IL Child Custody Attorney Today

Relocation cases move quickly, and waiting to get legal guidance can put you at a real disadvantage. At The Foray Hurst Firm, our attorneys are members of the Black Women Lawyers’ Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association. We are dedicated to preserving the dignity of families in transition, and we understand how much is at stake when your time with your child is on the line. 

Whether you are the parent seeking to relocate or the parent fighting to keep your child close, our two Orland Park, IL child custody lawyers are ready to help. Call 312-702-1293 today.