Illinois law calls moving more than a certain number of miles or moving out of state as “relocation.” Illinois’ relocation law applies to the parents with equal parenting time or the primary residential parent.
How far can the child’s equal or primary caretaker move without seeking permission?
The mileage restrictions under Illinois law differs depending on whether one lives in a collar county or lives “downstate.” Illinois’ relocation law defines the collar counties as:
- Cook County,
- DuPage County,
- Kane County,
- Lake County,
- McHenry County, or
- Will County.
Illinois law prohibits a 50/50 parent or a primary residential parent from moving more than 25 driving miles. For those outside of the collar counties, Illinois law applies a 50-mile rule. Also, Illinois prohibits a move outside of Illinois where one moves more than 25 miles. That means one can move out of state–but only if you move within 25 miles of the primary caretaker’s residence (or 50/50 caretaking parent’s residence).
How do we measure the number of miles for a move?
By “an internet mapping service.” Illinois law does not state which internet mapping service. But it is road miles and not as-the-crow-flies miles. And anticipate that in 2024 we will amend the law to refer to miles based on the shortest road-miles.
What do I have to do if I want to move outside of this mileage restriction?
The parent who has equal or primary parenting time must jump through the hoops that apply to Illinois’ relocation cases.
Explain the first step?
The parent intending a location provides written notice to the other parent and files that notice with the clerk of the court.
When does the notice need to be provided?
Provide this notice at least 60 days before relocation. But the sooner the better. Illinois law provides a narrow exception–when the minimum 60-days-notice requirement is “impracticable.” In that event, however, provide notice at the “earliest date practicable.”
What if I don’t give notice within the time frame and just move?
The law provides:
The court may consider a parent’s failure to comply with the notice requirements of this Section without good cause:
(i) as a factor in determining whether the parent’s relocation is in good faith; and
(ii) as a basis for awarding reasonable attorney’s fees and costs resulting from the parent’s failure to comply with these provisions.
So, if you fail to provide this minimum written notice, you do so at your peril. And don’t just give 60 days’ notice. Give as much notice as possible. Consider a rule of thumb. If you believe the other parnet will not agree to the relocation, provide notice in cases involving school-age children at least six to nine months before the school year starts.
So, what do I need to include in the written notice?
At a minimum, the written notice must set forth the:
- intended date of the parent’s relocation;
- address of the parent’s intended new residence, if known; and
- length of time the relocation will last—if the relocation is not for an indefinite or permanent period.
Also provide in the notice a place for the signature of the other parent. And be prepared with your proposed parenting schedule following the proposed move. Illinois Legal Aid Online provides a sample notice.
What happens if the other parent signs the notice?
Then the parent seeking relocation must file the signed notice with the court. Illinois relocation law then provides that if this is done, “relocation shall be allowed without any further court action.” But parenting time may need to be altered. So, the Illinois relocation law also provides, “The court shall modify the parenting plan or allocation judgment to accommodate a parent’s relocation as agreed by the parents, as long as the agreed modification is in the child’s best interests.”
So, what happens if the other parent objects to the relocation or does not sign the written notice?
If the non-relocating parent objects to the relocation or does not sign the notice, then the parent seeking relocation must file a petition. That petition requests the court’s permission to relocate. If contested, the court decides relocation based on the child or children’s best interest.
I have “sole custody.” Do I need the father’s permission, or a court order, to move with my child to another state?
Yes. Sole custody has nothing to do with whether there exists the right for relocation.
Is a court order always required in order to permanently remove children outside of the boundaries you describe?
Not necessarily. Consider two exceptions:
- Sometimes the original marital settlement agreement or the allocation judgment gives the primary residential parent permission to move outside of the stated boundaries in the future. Illinois law provides that the parties within their parenting plan can include “provisions for resolving issues arising from a parent’s future relocation.”
- The other parent might sign the written notice, described above.
How does the court determine whether to grant relocation outside of those boundaries?
For the details of Illinois statutory law, see Section 609.2. The law provides ten-plus factors that the court considers in determining relocation:
- the circumstances and reasons for the intended relocation;
- the reasons, if any, why a parent is objecting to the intended relocation;
- the history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;
- the educational opportunities for the child at the existing location and at the proposed new location;
- the presence or absence of extended family at the existing location and at the proposed new location;
- the anticipated impact of the relocation on the child;
- whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;
- the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation;
- possible arrangements for the exercise of parental responsibilities appropriate to the parents’ resources and circumstances and the developmental level of the child;
- minimization of the impairment to a parent-child relationship caused by a parent’s relocation; and
- any other relevant factors bearing on the child’s best interests.
What can I do to convince the court there should be a move?
- Providing good economic reasons that the children’s economic condition will improve by the move.
- Gather evidence (often available on the Internet) of the quality of education in the community. [Factor 4 quoted above.]
- Prepare evidence regarding extracurricular activities available to the children in the new community.
- Consider the impact of extended family in Illinois and the new state.
- Perhaps most importantly: offer a schedule that does not significantly reduce the other parent’s parenting time.
I remarried. My new husband has a significant career opportunity that requires we move to another state. Will the court allow me to take the children out of state?
Often – if you build a good case.
On the other hand, under earlier Illinois law, the appellate court had affirmed the trial court’s denial of a mother’s application for removal despite the fact that the new husband’s wages would go down if he did not move out of state. Cases often focus on unique career opportunities. Consider this as one factor among many.
Remember, the court determines relocation based on the totality of the circumstances. This includes the 10-plus factors that go to whether relocation serves the child’s best interests.
Does the child’s preference regarding relocation count?
Yes. See factor 8 quoted above. The statute emphasizes, however, that this depends on the child’s maturity and ability to express reasoned and independent preferences regarding relocation.
For the relocation that involves a significant distance (such as an out of state relocation) to be allowed, will the non-residential parent be given longer blocks of parenting time?
Generally – yes. Factors include:
“The anticipated impact of the relocation on the child'”
“Whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;” and
The “minimization of the impairment to a parent-child relationship caused by a parent’s relocation.”
Often when one seeks to move to a distant location, the court orders larger blocks of time. But the developmental level of the children remains critical. For example, relocation to a distant state becomes more difficult with younger children. The goal: try to give the non-moving parent as close as possible to what he (or she) had before. When moving to a distant state, this usually starts with offering the left-behind-parent most of the summer vacation.
Do these rules regarding relocation of children apply to non-marital children where the other parent has visitation?
Generally, yes.
How long does it take to get the court’s approval for removal / relocation of a child?
Once both parents agree, the court can generally quickly enter an agreed relocation order. But if the parties cannot reach an agreement and the case goes before the court for a contested trial, probably the soonest date the court will have available may be five or six months. Occasionally, cases take longer. And recall the parents generally must mediate before seeking court resolution. You can goto mediation either before filing a petition for relocation or after filing.
Is there a place I can read about the Illinois appellate court cases which allowed or disallowed removal?
Yes, from Gitlin on Divorce: A Guide to Illinois Family Law. Law libraries include have Gitlin on Divorce. This includes the McHenry County Government Center (Courthouse) law library. Attorney Gitlin has extensively reworked the relocation chapter. It includes the recent In re Marriage of Fatkin: Illinois Supreme Court decision. See the Gitlin Law Firm’s blog regarding this important decision. This case emphasizes the deference that the appellate court must provide to the trial court’s decision regarding relocation.
Chart 3 Relocation Case Spreadsheet 2024.
The Gitlin Law Firm’s spreadsheet regarding relocation cases examines all of the Illinois removal and relocation cases since the all-important In re Marriage of Eckert decision.
