The short answer
What Illinois families should know.
A move can qualify as a legal relocation even when it remains inside Illinois. For a child whose primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move more than 25 miles from the child's current primary residence falls within the statutory definition. Different thresholds apply elsewhere and for out-of-state moves.
The statutory threshold depends on the child's current primary residence
For the six listed northeastern Illinois counties, the in-state threshold is more than 25 miles. For a child primarily residing in another Illinois county, an in-state move more than 50 miles qualifies. An out-of-state move more than 25 miles from the current primary residence can also qualify.
Notice should come before irreversible commitments
A parent who plans a qualifying relocation generally must provide written notice with required information at least 60 days before the move, unless the statute's timing exceptions apply. Filing, service, and the other parent's response affect the next step.
Agreement can simplify the process; objection requires court review
When the non-relocating parent signs the notice and the court finds the move is in the child's best interests, the agreed plan can be addressed. If there is an objection, the relocating parent may need to file a petition and prove the requested relocation serves the child's best interests.
The court weighs the full effect on the child and both parents
Reasons for the move and objection, relationships, educational opportunities, extended family, anticipated impact, feasible parenting arrangements, travel cost, and other statutory considerations can matter. A job offer alone does not end the analysis.
Prepare
Useful next steps
- Measure from the child's current primary residence using the statutory framework.
- Build a proposed school, transportation, travel-cost, holiday, and communication plan.
- Preserve job, housing, family-support, educational, and notice documentation.
Avoid
Common missteps
- Measuring from the other parent's home instead of the statutory reference point
- Relying only on informal or verbal notice
- Signing a lease, enrolling the child, or moving first and asking later
Frequently asked questions
Clear answers to the first questions.
Can I move 20 miles within Cook County without permission?
That distance may fall below the statutory relocation definition, but an existing parenting plan, school terms, transportation, and substantial schedule effects can still create legal issues. Review the judgment before moving.
What happens if the other parent agrees?
The statutory notice and filing process still matters. A signed notice and agreed modified parenting plan should be properly submitted so the court order matches the new arrangement.
Who pays travel costs after relocation?
The court or agreement should allocate transportation and costs as part of a reasonable revised parenting plan. The answer depends on the facts and final terms.
Continue reading
Related Illinois family-law guides.
Primary sources
Read the governing Illinois materials.
This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.