Essential Things to Consider Before You Relocate with Your Children

 Posted on June 11, 2026 in Child Custody / Parental Responsibilities

Parents may want to relocate for many reasons, such as a new job, educational opportunities, family support, or a fresh start. However, if they share custody or parenting time with another parent, they must proceed carefully before moving with their child. Failing to follow the law could lead to serious legal consequences.

If you are interested in relocating with your child in 2026, a Rolling Meadows parental relocation lawyer can help you make sure you follow the proper procedures.

Why Are Co-Parents Required to Follow Relocation Laws in Illinois?

When a move would affect an existing parenting arrangement, Illinois law requires additional steps once the relocation exceeds certain distance limits. In these situations, courts focus on the child's best interests when deciding issues related to parenting time, decision-making responsibilities, and the potential impact of the move on the child's relationship with each parent.

When Does a Move Count as a Relocation in Illinois?

Not every move requires court involvement. According to 750 ILCS 5/609.2, only moves that cross certain distance limits are treated as a "relocation." These are the moves that trigger the formal notice and approval requirements.

The threshold depends on where you currently live:

• If you live in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move of more than 25 miles from your current home counts as a relocation.
• For any other county in Illinois, a move of 50 miles or more counts as a relocation.
• Any out-of-state move of more than 25 miles from your current home is considered a relocation.

If your move is under these limits, you generally don't need the court's permission. If the distance is greater, you will need to follow the established legal process.

You also have to give the other parent at least 60 days' written notice before the move and file a copy with the clerk of the circuit court. If the other parent agrees and signs the notice, the relocation is usually allowed without further hearings. If they object, you'll need to file a petition to ask the court to decide.

How Are the Best Interests of the Child Determined for a Relocation in Illinois?

Courts are likely to grant a parent's relocation request over the objection of the opposing parent only if it is found that the relocation will be in the child’s best interests. When determining if the relocation would be in the children's best interests, the court may consider various factors outlined in the law.

The Child's Adjustment

The court will look at how well the child is currently adjusted to their environment. This may include their home, school, and community.

The Child's Wishes  

Understanding whether the child wants to move is an important consideration for their well-being. Depending on the age and maturity of the child, their expressed wishes may carry weight.

Preservation of Parenting Time  

The court is required to consider how the proposed relocation is likely to affect the existing visitation schedule (also known as a parenting time schedule) that the parents have agreed to. The court will also look at the expense and feasibility of transporting the child or children back and forth. The daily schedules of all parties will be considered, such as work for the parents and school for the child.

Courts also want to see that both parents are willing to cooperate in preserving their child's current relationship with the other parent if a move happens. A move may increase the effort both parents must exert to keep their child connected to their co-parent.

The Reason for the Relocation

If a move is mandated by a parent’s job or some other reason, courts may be more open to relocation.

The Physical and Mental Health of All Involved  

The court will look to ensure that the child's health will be cared for despite the relocation. The court will also examine whether the mental and physical health of the parents will affect the child if the relocation is approved.

It is important to note that there are many other factors that may be relevant when deciding whether to approve a relocation. The unique circumstances of each case will affect the court’s decision.

Contact a Cook County, IL Child Custody Lawyer

If you are interested in relocating with your child, contact our Rolling Meadows parental relocation attorney at The Law Offices of Curtis Bennett Ross, L.L.C. Every case receives Attorney Ross’ personal attention. His training as a mediator and court-appointed Guardian ad Litem gives him specific experience with cases involving children.

With over 40 years of experience, he will work with you every step of the way to protect your rights and your child’s rights. Call 312-984-1514 today for a free limited consultation.