How Does Relocation Affect a Custody Agreement in Illinois?

 Posted on September 25, 2025 in Child Custody

Moving a significant distance gets complicated when you share parental responsibilities, commonly known as custody. Illinois law has rules about when a parent must ask the court for permission before relocating with a child. The purpose is to protect your child’s best interests. However, the law also protects your right to parenting time. If you are thinking about relocating, working with experienced Schaumburg, IL child custody lawyers can help you understand the law and what judges look for when making decisions.

When Do You Need the Court’s Permission To Relocate With Your Child?

Not every move counts as a "relocation" that requires approval under Illinois law. According to 750 ILCS 5/600(g), relocation depends on where you live and how far you want to move. If you live in Cook, DuPage, Kane, Lake, McHenry, or Will County, moving more than 25 miles from your current home requires permission. Outside those counties, the limit is 50 miles. If the move goes out of state and is more than 25 miles away, that counts too.

In early 2025, Illinois clarified how courts must measure these distances. The law now says to use an online mapping service, following surface roads. If the mapping service gives different route options, the shortest route must be used. If the move is under those distance limits, you do not need court approval. But if it exceeds the limits, you must either get the other parent’s agreement or file a court motion. Ignoring these rules can lead to serious problems like losing parenting rights or being held in contempt of court.

How Do You Change a Parenting Plan in Illinois?

Under 750 ILCS 5/610.5(c), a court may modify a parenting plan if a relocation creates a "substantial change in circumstances." If you are the one requesting the modification, you have to prove that the change is necessary to serve your child’s best interests. This often means showing how the move will improve your child’s life, such as better schooling, safer living conditions, or stronger family support. However, it also means addressing how your co-parent can maintain a meaningful role.

Factors Illinois Courts Consider When Deciding on Relocation Cases

If you need to go through the court system to request permission to move with your child, the judge will consider several factors before making a decision. Under 750 ILCS 5/609.2(g), some of those factors include:

• The child’s relationship with each parent

• Educational opportunities in the new location

• Whether extended family will be nearby

• How the move will affect parenting time for the other parent

• The motives of the parent asking to move

• The wishes of the child, if they are of mature age

• Whether the court can create a reasonable parenting plan if you move

Judges may also look at how stable your child’s life has been in your current home and whether a move would disrupt friendships, activities, or school progress. They will consider whether you and the other parent can keep working together after the move, since cooperation is important for your child’s emotional well-being. These details help the court see the bigger picture before making a decision.

What Is the Process for Relocation Requests in Illinois?

Before relocation can occur, the parent who wants to move must first give written notice at least 60 days before the move. The notice must include the new address, the date of the move, and whether the move is permanent or temporary. If the other parent agrees in writing, the court may approve without a hearing.

If the other parent does not agree, the relocating parent files a petition with the court. Then, there is a court hearing where each parent presents evidence. After considering all the factors mentioned above, the judge will either approve or deny the request for relocation and change the parenting plan if needed.

Possible Parenting Time Challenges After Relocation

Travel and scheduling are just the most obvious hurdles to overcome when relocating. Children may feel stressed about splitting their lives between two communities, which can make it harder to settle into a new school or keep friendships strong. Other challenges include:

• Travel costs for gas, airfare, or hotels can become a major burden.

• Work conflicts, traffic delays, or other last-minute changes may make it difficult to stick to schedules.

• Parents may also find it difficult to stay involved in the day-to-day, like helping with homework, attending school events, or being present for extracurricular activities.

Judges expect parents to handle these problems responsibly, but disagreements often arise when one parent feels the arrangement is unfair. A benefit of working with an experienced attorney is that you can proactively consider challenges and make a plan to address disputes.

What Do You Do if Your Relocation Request Is Denied in Illinois?

If the court says no to your relocation request, you will have some difficult decisions to make. You may choose to stay where you are so you can keep custody and follow the current schedule. You could still move, but your time with your child will likely decrease. You also risk a change in parental responsibilities that you may not like. You have the right to appeal the court’s decision, but appeals take time, cost money, and are not guaranteed to succeed.

Even though a denial is difficult, the law requires you to follow court orders. Moving without permission can seriously weaken your case and harm your credibility with the court.  In Illinois, it may even be considered parental abduction, which could affect your custody rights and lead to criminal charges. It can also make it harder for you to succeed in future custody or parenting time matters.

Contact a Schaumburg, IL Parental Responsibilities Attorney Now

At A. Traub & Associates, our Schaumburg, IL child custody lawyers are committed to protecting your rights in relocation cases. We have served families in DuPage County and across Northern Illinois for many years, and our founder, Attorney Angel Traub, has been a trusted leader in the legal community for over two decades. She has built a strong team that provides dedicated and compassionate help in all family law matters.

If you are facing a relocation dispute, we can guide you through the process, represent you in court, and work toward a plan that supports your child’s best interests. Contact us today at 630-426-0196 to schedule your initial consultation.