Illinois Child Custody & Moving Out of State

While every parent has the right to move, the Illinois courts place significant restrictions on a parent’s ability to relocate with a child when an existing parenting plan is in place. Moving out of state with your child is not a simple decision as it is a serious legal action that requires careful planning, strict compliance with the law, and often, court approval.

At Manassa Law P.C., our team—including experienced child custody lawyers in Barrington, IL—understands the emotional weight and legal complexity of parental relocation cases. Whether you are the parent seeking to move or the parent objecting to a proposed move, our experienced legal team is here to guide you through the process, ensuring your rights and, most importantly, the best interests of your child are protected.

Call us at (847) 221-5511 to discuss your case.

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Key Takeaways

Relocation Requires Legal Approval: If the new residence is out of state and more than 25 miles from the current primary residence, the move legally qualifies as a relocation and requires either the non-moving parent’s consent or a court order.
Mandatory 60-Day Notice: The relocating parent must provide the other parent and the court with written notice at least 60 days before the planned move, including the new address and date.
The “Best Interests” Standard is Key: If the other parent objects, the relocating parent must file a Petition to Relocate and prove to the court that the move is in the child’s best interests.
Court Reviews Statutory Factors: The judge will evaluate multiple factors, including the reasons for the move, the quality of the parent-child relationships, the impact on the child’s education and social life, and whether a reasonable revised parenting plan can be created to maintain the non-moving parent’s relationship with the child.
Don’t Move Before Court Order: You cannot move the child without a written agreement from the other parent or a specific court order granting the relocation. Moving preemptively can result in severe legal penalties.

What Qualifies as Relocation in Illinois?

The first and most critical step is determining if your intended move legally qualifies as a “relocation” under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) (750 ILCS 5/609.2). If your move does not meet the criteria for relocation, you generally do not need court permission, although written notice to the other parent is always advisable.

An out-of-state move is legally defined as a relocation if the new primary residence is more than 25 miles from the child’s current primary residence in Illinois.

Out-of-State Move: Any change of residence to a location outside the borders of Illinois that is more than 25 miles from the current primary residence.
In-State Move (Chicago-Area Counties): Moving to a new residence more than 25 miles away if the current primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County.
In-State Move (Other Counties): Moving to a new residence more than 50 miles away within Illinois if the current primary residence is in any other county.

If your move falls into the out-of-state relocation category, the legal process is mandatory. You cannot move the child without either the written consent of the other parent or an order from the court.

The Mandatory Legal Process for Out-of-State Moves

For any move that qualifies as a relocation, a specific set of procedures must be followed. Failure to comply can result in serious legal consequences, including being held in contempt of court or even losing significant parenting responsibilities.

1. The 60-Day Written Notice

The parent intending to relocate must provide the other parent with written notice at least 60 days before the planned move. A copy of this notice must also be filed with the clerk of the circuit court. The notice must include essential information:

The intended date of the parent’s relocation.
The address of the parent’s intended new residence (if known).
The length of time the relocation will last, if not permanent or indefinite.

Consent: If the non-relocating parent signs the notice and it is filed with the court, the relocation is generally allowed without a formal court hearing. The court will then modify the existing parenting plan to accommodate the move, provided the modification is in the child’s best interests.
Objection: If the non-relocating parent objects or fails to sign the notice, the parent seeking to move must file a Petition to Relocate with the court. This initiates a contested legal process where a judge will decide the issue.

3. The Petition to Relocate and Court Hearing

If the case goes to court, the relocating parent carries the burden of proof to demonstrate that the move is in the child’s best interests. The court will hold a hearing and consider a comprehensive list of statutory factors outlined in 750 ILCS 5/609.2(g).

The Guiding Principle: The Child’s Best Interests

In any contested relocation case, the ultimate standard is the best interests of the child. The court views relocation as a “substantial change in circumstances” that requires a modification of the current Allocation Judgment.

The judge must evaluate a series of statutory factors to determine if the benefits of the move outweigh the potential harm to the child’s relationship with the non-relocating parent.

Key Factors the Court Will Consider:

Reasons for the Move: The circumstances and reasons for the intended relocation. Courts look favorably on moves motivated by a genuine need for a better-paying job, superior educational opportunities, or close proximity to essential extended family support. Moves motivated by a desire to simply interfere with the other parent’s relationship with the child are heavily scrutinized and typically denied.
Reasons for the Objection: The reasons, if any, why the non-relocating parent is objecting. A judge will consider whether the objection is based on genuine concern for the child or if it is merely vindictive or selfish.
Parent-Child Relationship Quality: The history and quality of each parent’s relationship with the child, and whether either parent has significantly failed to exercise their allocated parental responsibilities.
Educational Opportunities: The comparative educational opportunities for the child at the existing location versus the proposed new location.
Extended Family Support: The presence or absence of extended family at the existing location and at the proposed new location.
Anticipated Impact on the Child: The emotional, social, and developmental impact of the relocation on the child.
Reasonable Parenting Plan: Whether the court can still fashion a reasonable allocation of parental responsibilities and a revised parenting time schedule that maintains the child’s meaningful relationship with the non-relocating parent. This often involves creating a long-distance schedule with extended visits during school breaks.
Child’s Wishes: The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences.
Minimization of Impairment: The efforts made to minimize the impairment to the parent-child relationship caused by the relocation.

Why Legal Counsel is Indispensable

Relocation cases are some of the most nuanced and emotionally charged issues in family law. The stakes are incredibly high, as the decision will permanently alter the child’s life and the fundamental co-parenting dynamic.

For the Relocating Parent: You need an attorney who can meticulously gather evidence to affirmatively prove how the move is a substantial net benefit to the child’s quality of life. You must show the court that you have a good-faith intention and a workable plan to maintain the child’s bond with the other parent.
For the Non-Relocating Parent: You need powerful representation to articulate how the proposed move will disrupt your child’s stability, harm your existing parent-child bond, and how the negative impacts outweigh the relocating parent’s reasons. Successfully challenging a relocation often involves demonstrating the strong local ties the child maintains and proving your consistent, essential involvement in the child’s daily life.

Do not attempt to navigate the intricacies of the IMDMA and the “best interests” factors alone. One misstep can critically undermine your case.

Your Next Step

Whether you are seeking to move out of state with your child or fighting to keep your child close to home, the legal team at Manassa Law P.C. has the experience and strategic foresight to protect your interests. We will ensure every procedural requirement is met and present the strongest possible case to the Illinois courts.

Contact us for a confidential consultation at (847) 221-5511.