When Are Parental Relocations Approved in Illinois?

 Posted on March 26, 2025 in Child Custody

When a parent relocates with a child, it can have serious implications for the custody order. In Illinois, there are strict laws about how far a parent can move without the court’s approval. If you are considering a relocation or want to petition against a relocation, an Illinois family law attorney can help.

At Fawell & Fawell, we make your family our priority. We understand how significant a relocation can be, and so we will make sure you are fully informed of your rights from the beginning of your case to the end. Our firm is ready to hear your concerns and advocate for a favorable resolution.

Requirements for Relocation

Illinois law has specific language for what counts as a parental relocation. A change of address by itself does not qualify as parental relocation, but if the custodial parent moves over 25 miles from a residence in Lake, Cook, Kane, DuPage, McHenry, or Will County, he or she will need the court’s approval. However, a parent can move out of state without the court’s approval as long as it is still within 25 miles of the original residence in one of those counties.

If the parent does not reside in one of the previously mentioned counties, he or she will need approval for any move over 50 miles. In any case, the parent must give the other parent written notice of an intent to move. 

Mutual Consent

If both parents consent to a relocation, then it is highly likely that the move will be approved by the court. In general, the courts tend to defer to parents when they come to a mutual agreement on custody. 

The only time a judge might object to a move is if it jeopardizes the child’s best interest. For instance, if the proposed relocation would place the child in an unsafe environment (such as in close proximity to a sex offender), the court may deny the petition.

Other Factors Related to Best Interests

There are many valid reasons for a court to approve a parental relocation, even if the other parent does not agree to it. However, the court must find that the benefits of the relocation outweigh the potential costs.

When making a decision about a proposed move, a judge may consider factors like educational opportunities and the presence of extended family at the new location. As long as this move does not severely infringe on the other parent’s rights, these additional factors may be used as a point in favor of relocation.

At Fawell & Fawell, we will help you build a strong argument for your case based on your family’s unique circumstances.

Contact a Wheaton, IL Divorce Lawyer Today

Regardless of where you stand in a proposed relocation, Fawell & Fawell is here to help. Our DuPage County, IL family law attorney will weigh your child’s best interests and advocate for your rights as a parent, ensuring that your voice is heard in court. 

Our firm brings a practical, results-oriented approach to family law cases. Call our offices at 630-871-2400 to get started with a free initial consultation.