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Legal Information: Illinois

Custody

Updated: 
January 23, 2024

If I want to relocate with my child, what steps do I need to take?

If a parent who has been allocated a majority of parenting time or equal parenting time in court wants to relocate with his/her child, there are certain steps s/he must follow:1

  1. s/he must provide at least 60 days’ written notice before the relocation to the other parent (unless such notice is not possible - in that case, written notice shall be given at the earliest date possible).  The notice must include the following:
    • the intended date of the parent’s relocation;
    • the address of the parent’s intended new residence, if known; and
    • the length of time the relocation will last, if the relocation is not for an indefinite or permanent period.2Note: The judge may excuse you from giving all or some of this information (or may seal the information) if there is a history of domestic violence.3
  2. s/he must file a copy of the required notice with the clerk of the circuit court.3

If the non-relocating parent consents to the relocation, the law says that s/he can “sign” the notice and you can file it with the court and relocate.4  Be sure to check with the clerk of court whether or not the signature needs to be notarized or if there are any additional requirements that must be met.  The court will then modify the parenting plan or allocation judgment accordingly (as long as the agreed modification is in the child’s best interests).4

If the non-relocating parent does not consent to the relocation, you must file a petition in court seeking permission to relocate.5 Then a hearing would be held where the judge would decide whether or not to allow the relocation.  You can read about the factors that a judge will consider when deciding whether or not to allow you to relocate in section (g) of the law, 750 ILCS 5/609.2 on our Selected Illinois Statutes page.

1 750 ILCS 5/609.2(b)
2 750 ILCS 5/609.2(d)
3 750 ILCS 5/609.2(c)
4 750 ILCS 5/609.2(e)
5 750 ILCS 5/609.2(f)

If I want to relocate with my child, how does the law define "relocate"?

Under the law, “relocation” has a different meaning depending on which county you live in and whether you are moving within Illinois or to another state.

  • If the child’s primary residence is Cook, DuPage, Kane, Lake, McHenry, or Will county, relocation would be any move:
    • within Illinois that is more than 25 miles from the child’s current residence; or
    • to another state that is more than 25 miles from the current primary residence;1
  • If the child’s primary residence is in any other county, aside from those listed above, relocation would be any move:
    • within Illinois that is more than 50 miles from the child’s current residence; or
    • to another state that is more than 25 miles from the current primary residence.2

The distances listed above would be measured by an Internet mapping service to confirm their distance.3

To see what steps you need to take if you want to relocate, go to If I want to relocate with my child, what steps do I need to take?

1 750 ILCS 5/600(g)(1), (g)(3)
2 750 ILCS 5/600(g)(2), (g)(3)
3 ​750 ILCS 5/600(g)(1) - (3)

If I move to a new state, can I transfer my child custody case there?

After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.