How Does the Court Decide Whether I Can Relocate with My Children?

After a divorce or any judgment relating to parenting responsibilities, parents may find themselves needing to move—whether for a job, family support, or a fresh start. But when children are involved, relocating is not as simple as packing up and hitting the road.

In Illinois, a co-parent who wants to move with their child beyond certain geographic boundaries must follow a formal legal process. The court must approve the move if the other parent does not agree.

How does an Illinois court decide whether a parent can relocate with their children? Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides the answer.

Understanding the IMDMA

Section 609.2 of the IMDMA (750 ILCS 5/609.2) governs parental relocations. Under this law, a move qualifies as a “relocation” if it meets one of the following criteria:

• If the child’s primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County and the move is more than 25 miles from that residence.
• If the primary residence is in any other Illinois county and the move is more than 50 miles away.
• If the move is outside of Illinois.

If a parent’s planned move qualifies as a “relocation,” they must provide written notice to the other parent at least 60 days in advance and file that notice with the court. The notice must include the intended relocation date, the new address (if known), and whether the move is temporary or permanent.

If the other parent signs the notice and does not object, and the court finds that the move is in the child’s best interests, the court may approve the relocation without a hearing. But if the other parent objects or fails to sign the notice of intent to relocate, the court must hold a hearing and decide whether the move is in the child’s best interests.

The Best Interests of the Child Standard

When relocation is contested, the court does not automatically side with either parent. Instead, the judge must analyze whether the proposed move is in the child’s best interests. To make this determination, the court must consider a list of specific statutory factors outlined in Section 609.2(g). No single factor is determinative, and the judge has broad discretion to weigh the facts.

Let’s walk through each of these factors in detail.

1. The Circumstances and Reasons for the Intended Relocation

The court first considers why the relocating parent wants to move. Are the reasons legitimate and made in good faith, such as a job opportunity, proximity to family support, or better living conditions? Or is the move an attempt to frustrate the other parent’s parenting time or control the child’s upbringing?

In legitimate relocation requests, courts often give deference to a parent who has been the primary caregiver and is acting in good faith. But even a well-intentioned move can be denied if it undermines the child’s welfare or relationship with the other parent.

2. The Reasons, if Any, Why a Parent is Objecting to the Relocation

On the flip side, the court considers why the non-relocating parent is opposing the move. Is the objection based on a genuine concern for the child’s well-being, or is it more about punishing the other parent or maintaining control?

A parent who can demonstrate strong involvement in the child’s life and an inability to maintain that involvement post-relocation is more likely to be viewed favorably by the court.

3. The History and Quality of Each Parent’s Relationship with the Child

Here, the court evaluates the bond between each parent and the child. A parent who has been consistently involved in daily routines, schoolwork, health care, and decision-making has a stronger case either for or against relocation, depending on their role.

A history of parental disengagement, neglect, or failure to exercise parenting time could weigh against that parent in the court’s analysis.

4. The Educational Opportunities for the Child at the Existing and Proposed Locations

Education is a critical factor. The court will compare the schools and programs available in both locations. This includes school rankings, special education services, extracurricular offerings, and any unique programs that might benefit the child.

If the new location offers clearly superior educational opportunities, it can tip the scales in favor of relocation, especially if the child has specific academic or developmental needs.

5. The Presence or Absence of Extended Family at Both Locations

Support systems matter. A move closer to grandparents, aunts, uncles, or cousins can create a stable and enriching environment for the child, which the court may find beneficial.

Conversely, removing a child from close extended family in the current location could count against the move, especially if the child relies on those relationships for emotional support.

6. The Anticipated Impact of the Relocation on the Child

Will the move help or hurt the child emotionally, psychologically, and socially? The court looks at whether the child is likely to thrive in the new environment, how adaptable they are to change, and whether the move would disrupt important friendships, community ties, or therapy routines.

7. Whether a Reasonable Allocation of Parenting Time is Possible After Relocation

This factor often makes or breaks a relocation case. If the move would prevent the non-relocating parent from exercising meaningful parenting time, and no feasible alternative arrangement can be created, the court may deny the relocation.

The relocating parent must often propose a detailed, realistic parenting plan that includes long-distance parenting time (like holidays, summers, and virtual visits), and must show a willingness to facilitate the relationship between the child and the other parent.

8. The Wishes of the Child (if Appropriate)

The child’s preference can play a role, depending on their age and maturity. A court may give more weight to the views of a teenager than a young child, particularly if the child has sound reasons for preferring one location over the other.

9. Possible Arrangements for Parenting Time After Relocation

Beyond the general feasibility of parenting time, the court will consider whether both parents can work cooperatively to implement a new plan. This includes evaluating transportation logistics, costs, and flexibility.

Judges look favorably on parents who present well-thought-out proposals that prioritize the child’s continued relationship with both parents.

10. Minimization of the Impairment to a Parent-Child Relationship

The court wants to preserve the child’s relationships with both parents. If a move will seriously harm one of those relationships, that will be a count against it.

11. Any Other Relevant Factors

This catch-all category allows the court to consider any unique issues, such as a history of domestic violence, special needs of the child, cultural or religious considerations, or ongoing litigation between the parents.

Case Study: In re Marriage of Erickson, 2024 WL 4276999 (Ill. App. 3d Dist.)

The Erickson case offers a helpful example of how the best interest of the child factors are applied in real life.

In this case, the mother petitioned the court to relocate with the parties’ minor child to another state for a new job. Her new position would significantly increase her income and offer greater financial stability. She had historically been the child’s primary caregiver and had strong family support in the new location.

The father objected, citing concerns about losing frequent parenting time and disrupting the child’s relationship with extended family and friends.

The appellate court affirmed the trial court’s decision to allow the relocation. In its analysis, the court noted:

• The mother’s reasons for moving were made in good faith and not meant to interfere with the father’s rights.
• The child would have access to high-quality education and a strong family network in the new location.
• The mother proposed a thoughtful parenting plan that included extended holiday and summer visitation with the father and covered transportation costs.
• While the father’s objections were sincere, the court found that his parenting time could still be preserved through the proposed plan.

Ultimately, the Erickson court emphasized that the child’s best interests, not either parent’s preferences, must control the outcome.

An Experienced Family Law Attorney Can Help

If you are considering a move that qualifies as a relocation under Illinois law, you need to be sure you do it the right way. The judge must carefully weigh multiple statutory factors to determine whether the relocation serves the child’s best interests.

Whether you are seeking to relocate or opposing a proposed move, your ability to present evidence on each of these factors—and to show that your position supports the child’s overall well-being—will significantly influence the outcome. You need an experienced family law attorney in your corner to ensure your child’s best interests are preserved. Contact O. Long Law, LLC, today to schedule your initial consultation.