When Do I Need Court Approval in Illinois To Move With My Child?

 Posted on July 10, 2025 in Alimony/Spousal Support

In general, if you are planning to move a significant distance or out of state, you and your co-parent will likely take the case to court. Illinois law specifies certain distances that constitute a relocation. Consider how the statutes govern these cases, and talk to an experienced Wheaton, IL child custody attorney about your case to ensure you follow all the required procedures.

How Far Can a Parent Move With a Child Without Court Permission in Illinois?

The right of a parent to move with a child is governed by Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Whether a parent needs court approval depends on how far the proposed move would take the child from their current home. The law is designed to balance a parent’s need to relocate with the child’s best interests.

As of 2025, a move qualifies as a relocation if it goes beyond certain distances outlined in the law. For example, if you live in DuPage County, you cannot move more than 25 miles away from where you currently live with your child without consent from your child’s other parent or a court order. The same is true for residents of Cook, Will, Lake, Kane, and McHenry counties. In all other counties, the limit extends to 50 miles. If your move crosses state lines and exceeds 25 miles, it typically requires court approval.

What Happens if You Do Not Give Proper Notice of Relocation to the Other Parent in Illinois?

Failing to provide proper notice before relocating with your child can have significant legal consequences. According to Section 609.2(d) of the IMDMA, a parent planning to relocate with a child must give the other parent a minimum notice of 60 days, unless it is not possible under the circumstances. The notice has to be in writing as well.

If you move without following these procedures, the court may assume you left in bad faith. This could damage your credibility in future proceedings. Additionally, the judge might deny permission for the move, order your child to be returned, or even impose penalties. For example, they could require you to pay your co-parent’s attorney’s fees. In serious cases, unauthorized relocation might even be considered parental abduction, which is a criminal offense.

What Factors Do Illinois Courts Consider When Determining Relocation with a Child?

The IMDMA references "the child’s best interests" many times as the standard for orders on any issues relating to the allocation of parental responsibilities and relocation. What this means exactly varies from case to case. However, some specific factors that judges must weigh to determine if a proposed move serves the child’s well-being include:

• The reasons for the proposed move and the objections of the other parent

• Each parent’s relationship and involvement with the child

• Educational opportunities in the new location compared to the current one

• The presence of family support in either place

• How the move may affect the child’s daily life

• Whether parenting time can still be fairly allocated after the move

• The child’s own wishes, especially as they grow older

• Any potential harm to the child’s relationship with either parent

Arrange Your Free Consultation With a Wheaton, IL Parental Relocation Attorney

If you are considering moving with your child or are facing a relocation dispute, a DuPage County, IL parental relocation lawyer at Andrew Cores Family Law Group can help protect your rights. We will work with you to protect your rights and your child’s best interests. Call 630-871-1002 to schedule a free consultation today.