The Rule: In the Chicago metro area (Cook, DuPage, Kane, Lake, McHenry, Will), you cannot move more than 25 miles from your current home without notice and potentially court approval. In all other Illinois counties, the limit is 50 miles. Any move out of state requires court approval regardless of distance.
Illinois Relocation Distance Limits
Metro Counties
25 mi
Maximum distance without triggering relocation rules
- • Cook County
- • DuPage County
- • Kane County
- • Lake County
- • McHenry County
- • Will County
All Other Counties
50 mi
Maximum distance without triggering relocation rules
- • All 96 other Illinois counties
- • Measured from current residence
- • Applies to parent with majority time
Out of State: Any move outside Illinois triggers relocation rules regardless of distance. Moving 10 miles across the Wisconsin or Indiana border requires the same process as moving to California.
Notice Requirements
Under 750 ILCS 5/609.2, if you're planning a relocation, you must provide written notice:
60
Days Minimum
Notice before intended relocation date
Your Notice Must Include:
Intended relocation date
New address (or intended area if specific address unknown)
Duration of the relocation (permanent or temporary)
Reason for the relocation
Proposed revised parenting schedule
How to Send: Notice must be sent by certified mail, return receipt requested, to the other parent's last known address. Keep your receipt and proof of delivery—you'll need it if this goes to court.
The Relocation Process
1
Send Written Notice (60+ days before)
Provide all required information via certified mail to the other parent.
2
Other Parent Has 30 Days to Object
They must file a written objection with the court and provide you a copy. If they don't object within 30 days, you may relocate.
3
If Objection Filed: Court Hearing
The court schedules a hearing. The parent seeking relocation has the burden of proving the move is in the child's best interests.
4
Court Decision
Judge weighs 11 statutory factors and decides whether to allow the relocation and how to modify parenting time.
Consent Option: If the other parent agrees to the relocation, you can submit a joint agreement to the court for approval without a contested hearing. Get it in writing before you pack.
How Courts Decide Relocation Cases
Under 750 ILCS 5/609.2, judges must consider these 11 factors:
1. Circumstances and reasons for relocation
Job opportunity? Family support? New relationship? Courts want legitimate reasons.
2. Reasons for opposing relocation
What's the real objection? Impact on relationship vs. desire for control?
3. History of each parent supporting the child's relationship with the other
Has the relocating parent facilitated visitation? Any history of gatekeeping?
4. Whether relocation will enhance quality of life for parent AND child
Better job, family support, schools, or just beneficial for the parent?
5. Feasibility of preserving relationship through modified parenting time
Can technology, summer visits, and holiday schedules maintain the bond?
6. Child's wishes (considering maturity)
Older children's preferences carry more weight.
7. Educational opportunities at current and new location
School quality, special programs, established friendships.
8. Presence or absence of extended family
Grandparents, cousins, support network at each location.
9. Prior agreements about relocation
Did the parties address this in their parenting plan or settlement?
10. Impact on child considering distance, travel costs, and logistics
Who bears the travel burden? Can both parents afford it?
11. Any other relevant factors
Catch-all for case-specific circumstances.
Key Point: The relocating parent has the burden of proof. You must show the move benefits the child—not just you. "Good faith" reasons for moving (job, family) carry more weight than vague lifestyle preferences.
Consequences of Unauthorized Relocation
Warning: Moving without proper notice or court approval is one of the most damaging things you can do in a custody case. Courts take this extremely seriously.
Contempt of Court
Fines and potential jail time for violating court orders.
Ordered to Return
Court can order you to immediately return the child to Illinois.
Loss of Parenting Time
Your unauthorized move can be used against you in custody modification.
Custody Reversal
In extreme cases, courts have transferred primary custody to the non-moving parent.
Attorney's Fees
You may be ordered to pay the other parent's legal fees.
Credibility Damage
Judges remember—this will affect how they view you in future proceedings.
Temporary vs. Permanent Relocation
Temporary (Under 60 Days)
Extended vacations, temporary work assignments, or family emergencies may not trigger full relocation requirements.
- • Still must provide reasonable notice
- • Must maintain contact arrangements
- • Cannot interfere with other parent's scheduled time
Permanent/Long-Term
Any move intended to be permanent or lasting more than 60 days triggers the full notice and approval process.
- • 60-day written notice required
- • Court approval if objected
- • Modified parenting plan needed
Frequently Asked Questions
How far can I move with my child after divorce in Illinois?
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In Cook, DuPage, Kane, Lake, McHenry, and Will counties: 25 miles from your current residence. All other Illinois counties: 50 miles. Any move out of state requires court approval regardless of distance.
What notice do I have to give before relocating?
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You must give the other parent written notice at least 60 days before the intended move. The notice must include the intended date, new address, length of relocation, reason for the move, and a proposed revised parenting schedule.
Can I move out of Illinois with my child?
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Not without court approval or the other parent's written consent. Any move outside Illinois is considered a relocation requiring formal approval, regardless of how close the new location is to the state line.
What happens if I move without permission?
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Moving without proper notice or court approval can result in contempt of court, sanctions, being ordered to return the child, loss of parenting time, and potentially losing primary custody. Courts take unauthorized relocations very seriously.
What if the other parent doesn't respond to my notice?
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If the other parent doesn't file an objection with the court within 30 days of receiving your notice, you may proceed with the relocation. However, keep all documentation proving you sent proper notice and they failed to respond.
What if I need to move for a job emergency?
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Courts understand legitimate emergencies but still require proper procedure. You can request an expedited hearing and explain the urgency. Never just move—file an emergency motion if needed. The 60-day requirement can be shortened by the court in genuine emergencies.
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This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.