How Far Can a Parent Move Without Court Approval in Illinois?

 Posted on April 13, 2026 in Family Law

In Illinois, how far a parent can move without court approval depends on where the child currently lives. Some counties set the distance further than others. Moving beyond those limits requires either getting the other parent's written agreement or asking a court for permission first.

Under the Illinois Marriage and Dissolution of Marriage Act, these rules apply to any parent who has been given the majority of parenting time or an equal share of parenting time. Knowing exactly where the line is can be the difference between a smooth move and a serious legal problem. If you have questions about a relocation situation in 2026, the Cook County, IL family lawyers at SpyratosDavis LLC are here to help.

What Counts as a Relocation Under Illinois Family Law?

Not every move triggers the relocation rules. Under 750 ILCS 5/600(g), a move is considered a relocation when:

• A parent living in Cook, DuPage, Kane, Lake, McHenry, or Will County wants to move more than 25 miles from the child's current home.

• A parent living in any other Illinois county wants to move more than 50 miles from the child's current home.

• A parent wants to move the child out of Illinois to a new home that is more than 25 miles from where the child currently lives.

If your move falls within those distances, statutory relocation procedure does not apply, although a shorter move could still lead to a parenting-time dispute or requested modification and you should still let the other parent know about the change in address.

Who Do the Parental Relocation Rules Apply to in Illinois?

The relocation rules only apply to parents who have been given the majority of parenting time or equal parenting time with the child. A parent who has less parenting time than the other parent is not covered by these rules and can move wherever they choose.

What Is the Process for Getting Permission To Relocate With a Child in Illinois?

If your move qualifies as a relocation under Illinois law, you must follow a specific process before you can move. The first step is to give the other parent written notice at least 60 days before you plan to move. That notice must include the date you plan to move, your new address if you know it, and whether the move is permanent or temporary. A copy of the notice must also be filed with the court.

After the notice is sent, one of two things can happen. If the other parent agrees to the move, they sign the notice. The parents then work out a modified parenting plan to account for the new distance. That agreement goes to the judge for approval. If the other parent objects or refuses to sign, you must file a petition asking the court for permission to relocate. A hearing will be scheduled, and a judge will decide whether the move is allowed.

What Does a Judge Consider When Deciding Whether To Allow a Parent To Relocate With Their Child in IL?

When a court has to decide whether to allow a relocation, the judge looks at what is in the best interests of the child. Illinois law provides a list of factors the court must consider, which include:

• The reasons the parent wants to move and whether those reasons are genuine

• The reasons the other parent is objecting, if any

• The quality of each parent's relationship with the child, and whether both parents have followed the parenting plan in the past

• The educational opportunities at both the current and new location

• Whether extended family is present at either location

• The likely impact of the move on the child

• Whether the court can create a reasonable parenting schedule if the move happens

• The child's own wishes, taking into account their age and maturity

No single factor controls the outcome. The judge looks at the full picture and makes a decision based on what will serve the child best.

What Happens if a Parent Moves Without Following the Rules in Illinois?

Moving with a child without following the relocation process when it is required can have serious consequences. A court can order the parent to return the child to the original location. The court can also consider the unauthorized move as evidence of bad faith when deciding future parenting issues. In some cases, ignoring the relocation requirements can result in a change to the parenting plan that reduces the moving parent's time with the child.

Can Parents Work Out a Relocation Agreement on Their Own in Illinois?

If the relocating parent gives proper notice and the other parent agrees, the process moves much faster and avoids a court hearing entirely. The parents work out a modified parenting plan together and submit it to the judge for approval.

Many families find that working with their attorneys outside of court leads to better results than having a judge decide. When parents can agree on a new schedule that accounts for the move, both parties tend to be more satisfied with the outcome, and the child experiences less disruption.

Contact Our Kane County, IL Parental Relocation Attorneys

Parental relocation cases are some of the most emotionally difficult situations in family law. Whether you are the parent who wants to move or the parent who is trying to stop a move, the stakes are high, and the process is complex. At SpyratosDavis LLC, we put the person first. We know that family law cases can be incredibly stressful, and we always work to minimize the emotional toll on our clients and their children.

We are here to guide you through the process clearly and compassionately so you can focus on what matters most. Call 630-810-8881 today to speak with our Cook County, IL family lawyers and get the guidance you need.