Relocation and Child Custody in Illinois: The 25-Mile and 50-Mile Rules

What Counts as a "Relocation" Under Illinois Law

Not every move triggers the relocation statute. Under 750 ILCS 5/609.2, a relocation is a change in the child's primary residence that exceeds specific distance thresholds measured from the child's current home using surface roads — not straight-line distance.

The thresholds depend on where the child currently lives:

Collar counties (Cook, DuPage, Kane, Lake, McHenry, or Will): a move of more than 25 miles to a new Illinois address triggers relocation requirements.

All other Illinois counties: a move of more than 50 miles to a new Illinois address.

Out-of-state moves: any move across state lines that is more than 25 miles from the child's current primary residence — regardless of which county you're leaving.

If your move stays within these limits, the relocation-notice and court-permission process under Section 609.2 doesn't apply. You may still have notice or address-update obligations under your parenting plan, allocation judgment, or other court rules.

Who These Rules Apply To

The relocation rules apply to the parent with the majority of parenting time. If parenting time is split equally, either parent's proposed move triggers the statute if it exceeds the distance thresholds.

A non-majority parent's move does not itself trigger the child-relocation process described in Section 609.2, which addresses relocating with the child; it may still require changes to the parenting schedule or other court relief.

The 60-Day Notice Requirement

Before relocating, the moving parent must serve a formal written notice on the other parent and file a copy with the Clerk of the Circuit Court. The notice must be delivered at least 60 days before the proposed moving date, unless notice is impracticable or the court orders otherwise.

The notice must include:

• The intended date of the relocation
• The address of the new residence, if known
• The length of the relocation (permanent, temporary, or indefinite)
• A proposed revised parenting schedule that preserves the other parent's relationship with the child (a practical addition to address the post-move arrangement)

If the other parent signs the notice — agreeing to the move — the relocation proceeds without a court hearing. File the signed notice with the court and submit a modified parenting plan reflecting the new arrangement.

What Happens If the Other Parent Objects

If the other parent objects, fails to sign the notice, or the parents cannot agree on a modified plan, the parent seeking relocation must file a Petition for Relocation with the court. Until the court grants permission, do not relocate with the child.

The court evaluates the petition using an 11-factor best-interest test under 750 ILCS 5/609.2(g). Judges consider:

1. The circumstances and reasons for the intended relocation
2. The reasons the other parent objects
3. The quality and nature of the child's relationship with both parents and siblings
4. The child's age, developmental stage, and needs
5. The impact on the child's physical, educational, and emotional development
6. The feasibility of preserving the non-relocating parent's relationship (including cost and logistics)
7. The child's preference, given sufficient maturity
8. Whether there's an established pattern of the non-relocating parent exercising or failing to exercise their parenting time
9. Any history of domestic violence or abuse
10. Whether the relocating parent's proposed revised parenting plan is made in good faith
11. Any other relevant factor bearing on the child's best interests

The burden of proof falls on the moving parent. You need to demonstrate that the relocation genuinely serves the child's best interests — a better school, family support, or a specific job opportunity — not just that the move is convenient for you.

Consequences of Moving Without Court Approval

Moving without complying with the relocation statute can lead to serious consequences:

• Contempt of court — the non-relocating parent can file an emergency motion, and the court can hold the moving parent in contempt
• Emergency return orders — a judge can order the child returned or grant other emergency relief
• Modified parenting time — courts may reduce the relocating parent's parenting time or shift the majority designation to the non-moving parent

Courts may consider an unauthorized move when evaluating whether the relocation was in good faith and when applying the child's best-interest standard.

Practical Steps for Planning a Relocation

If you're considering a move, start your preparation well before the 60-day notice window:

1. Map the distance using an Internet mapping service (such as Google Maps), using surface roads rather than a straight line, from the child's current primary address to the proposed new address
2. Draft a revised parenting plan that shows how the child will maintain meaningful time with the non-moving parent — longer summer blocks, alternating school breaks, video calls on specific days
3. Document the reason for the move — a job offer letter, acceptance from a school program, proximity to family caregivers
4. Calculate the financial impact — transportation costs, time zones, and whether the overnight count changes enough to affect child support calculations

The Illinois Child Custody & Parenting Plan Guide includes a Relocation Decision Checklist that walks through the 609.2 factors, a 60-day notice template, and a proposed-schedule builder for long-distance arrangements.

When You're the Parent Staying Behind

If you receive a 60-day relocation notice, review it and respond promptly. Before signing or objecting, consider:

• How the proposed revised schedule actually maintains your parenting time
• Whether the overnight count changes enough to trigger a child support modification
• Whether the proposed distance makes mid-week parenting time impossible
• The practical cost of travel (flights, gas, time off work)

You're not required to agree. If the proposed schedule genuinely degrades your relationship with the child, filing an objection forces the relocating parent to prove their case in court. But blanket objections without a substantive reason — filing just to block the move — can work against you at the hearing.

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