Child relocation, formerly known as “removal” in Illinois family law, occurs when a parent with majority or equal parenting time seeks to move a child beyond a specific distance. If the other parent does not consent to the move, the court will intervene to determine whether the relocation is in the child’s best interests.
What Constitutes Relocation Under Illinois Law?
- In Cook, DuPage, Kane, Lake, McHenry, or Will counties: A move over 25 miles from the child’s current primary residence
- In other Illinois counties: A move over 50 miles within Illinois
- Out-of-state: Generally anything over 25 miles from current primary residence
The relocating parent must give at least 60 days’ written notice to the other parent of a proposed relocation. If the other parent does not agree to the relocation, the party can file a petition with the court. Relocation is treated as a substantial change in circumstances allowing modification of the parenting plan if approved.
Common Reasons for Relocation
- Parents may succeed in relocation if the move is for legitimate, good-faith reasons that ideally benefit the child:
- Better job or career advancement
- Family support from grandparents, siblings, or other family
- Remarriage or new relationship
- Improved educational, medical, or other opportunities beneficial to the child
- Move to location with a lower cost of living to address financial hardship; escape personal hardship
- The move genuinely enhances the child’s life, not just serve the parent’s interest
Why Relocation Is Problematic
The non-relocating parent may object to the move because less frequent contact can certainly strain the child parent relationship, not to mention a move often complicates parenting time logistics and may increase conflicts between the parents. Of course the court will focus on the child’s wellbeing, and will weigh whether a move will disrupt the child’s stability – school, friends, community ties, the relationship with the other parent – and whether relocation is in the child’s best interests overall – sometimes it is not. Of course, if the parties cannot agree, litigation can be costly, lengthy, and stressful and may involve Guardians ad Litem (GAL), evaluators, and expert testimony to show how a move may or may not be beneficial to the child. Keep in mind that any unauthorized moves can backfire severely on the relocating parent (e.g., contempt, loss of primary time).
Approval of Child Relocation
A court may approve a relocation over the objection of a non-consenting parent. However, the parent seeking the move bears the burden of proving, by a preponderance of the evidence, that the relocation is in the child’s best interests. This determination is based on an evaluation of specific statutory factors alongside the child’s best interests:
- Courts will look for strong, good-faith reasons tied to child benefits (e.g., significant income boost enabling better opportunities, strong family network in new location)
- History of the relocating parent as primary caregiver with good relationship quality
- A non-relocating parent that has limited involvement or has failed to exercise parenting time
- A feasible modified parenting plan to ensure both parents can continue a meaningful relationship with the child (e.g., extended summers, holidays, virtual contact, and travel reimbursements)
- Educational/social advantages outweigh disruptions
Denial of Child Relocation
On the flip side, courts may deny relocation when the move appears to benefit the parent disproportionately or harms the child:
- Move motivated by interference with the other parent’s relationship or spite
- Insufficient benefits to child (e.g., marginal gains vs. major disruption to stable school/friends)
- Strong, involved non-relocating parent with a quality relationship with the child exists
- Poor proposed schedule or logistics making continued involvement impractical
- Relocating parent’s failure to provide notice or evidence of good faith.
If denied, the relocating parent has two options: they can stay in the area and keep the existing parenting time arrangement or, move without the child and modify the parenting time arrangement.
Notable Case Law
Outcomes in child relocation cases are highly fact-specific. Strong documentation, a detailed plan for the other parent’s involvement, and child-focused evidence are crucial. It is worthwhile to look a recent Illinois cases where some relocating parents prevailed and others did not:
In re Marriage of Catkin (2019): Illinois Supreme Court reversed appellate denial and upheld trial court’s grant of father’s out-of-state relocation to Virginia. Emphasized trial court discretion, child’s wishes, and overall best interests despite distance.
In re Marriage of Erickson (2024): Mother allowed to relocate for better job/financial stability plus family support; appellate court affirmed focus on best-interests factors.
In re Marriage of Levites (2021): Denial upheld despite some concerns regarding domestic violence claims. The court stressed need for concrete, detailed plans showing clear child benefits.
Contact an Experienced Illinois Child Custody Lawyer for Help
Illinois child relocation cases often require a family law attorney with exceptional negotiation skills to achieve a favorable outcome. Whether you are the parent seeking to relocate or are concerned about your child moving away with the other parent, it is essential to discuss your situation with an experienced child custody lawyer. Contact Libertyville family law attorney Ronald L. Bell & Associates today for professional assistance at 847-495-6000.
