How Relocation Affects Custody Orders in Illinois

 Posted on December 04, 2025 in Child Custody

If you share custody of your child, relocating requires careful consideration and potential legal action. In Illinois, parents who wish to move with their children must follow specific procedures. Even if you believe the move will benefit your family, you likely need court approval. Before you pack any boxes, talk to our DuPage County, IL child custody lawyer. At Fawell & Fawell, we will guide you through the legal aspects of relocation and custody and protect your parental rights.

What Counts as Relocation Under Illinois Law?

Illinois law defines "relocation" differently depending on where you live. Under 750 ILCS 5/600(g), relocation occurs when a parent with the majority or equal parenting time moves more than 25 miles from their current home if they live in Cook, DuPage, Kane, Lake, McHenry, or Will County. For parents in other Illinois counties, a move of more than 50 miles within the state, or more than 25 miles across state lines, qualifies as relocation. A short move within your county usually does not count as relocation, but it is still wise to notify the other parent.

Do You Need Court Permission To Move With Your Child?

Once the distance exceeds the legal threshold, the move is considered a relocation and cannot happen without court approval. A parent planning to relocate must give written notice to the other parent at least 60 days before the intended move. According to 750 ILCS 5/609.2(d), this notice must include the new address, the moving date, and whether the relocation will be permanent or temporary.

If the other parent agrees and signs the notice, you can file it with the court, which typically approves the move. However, if the other parent objects, the court will hold a hearing to decide whether relocating serves the child’s best interests. It is critical not to move before the court grants permission, even if you are sure the other parent won’t object.

How Can Relocation Impact Parenting Time and Custody?

A relocation can significantly affect parenting schedules, especially if the new home is far away. The court may need to modify your parenting plan to adjust for longer travel distances or new living arrangements. The judge will consider several factors when reviewing a relocation request, such as:

• The reasons for the move

• The reasons the other parent objects

• The child’s relationship with each parent

• Educational opportunities in both locations

• Whether the move improves the child’s overall quality of life

If the court approves the relocation, your parenting schedule will likely change to fit the new circumstances. Your child may spend the school year with one parent and enjoy longer visits or vacations with the other. Judges often encourage parents to stay connected through regular video calls or other virtual visits. The ultimate goal is to help your child feel close to both parents, no matter the distance.

Schedule a Free Consultation With a Wheaton, IL Parental Relocation Attorney

Relocation and custody cases are complicated. Just one mistake can impact your rights as a parent. Working with an experienced attorney ensures that your notice, petition, and court presentation meet Illinois legal requirements. Attorney Alex Fawell can offer valuable insights from his time as a federal judicial clerk for the Honorable John Darrah and as a 711 law clerk for both the DuPage County and Cook County Public Defender’s offices.

At Fawell & Fawell, we will fight to protect your parental rights and pursue the best outcome for your family. Contact our DuPage County, IL child custody lawyer today at 630-871-2400 to schedule your free consultation.