Category: Child Custody
10.30.25
Category: Child Custody
Written by M.K. Clayton on 8.27.25
If you’re considering moving out of state with your child and your co-parent still lives in Illinois, you’re likely facing a mix of emotional and legal challenges. Whether it’s a new job opportunity, a desire to be closer to extended family, or simply a change of scenery, the decision to relocate isn’t solely yours to make.
In Illinois, parental relocation is governed by Section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This law outlines the process and conditions under which a parent with primary parental responsibilities, a majority parenting time, or 50/50 parenting time can legally move with their child.
Under Section 609.2 of the IMDMA, a “relocation” is more than just moving across town. It refers to a parent’s change in residence that falls under certain criteria, depending on the county of current residence:
If your intended move meets any of these definitions, you must follow the legal procedures for relocation.
If you have at least 50/50 parenting time, and you plan to relocate with your child, you must:
At least 60 days before the planned move, you must provide written notice to your co-parent and file a copy with the court. This notice must include:
See 750 ILCS 609.2(c)-(d).
If your co-parent agrees to the relocation and signs the notice, you typically won’t need a court hearing. See 750 ILCS 609.2(e). If your co-parent objects or refuses to sign the notice, you’ll need to file a petition seeking court approval. Id.
If the other parent does not consent to the move, the court will evaluate whether the relocation is in the child’s best interests. 750 ILCS 609.2(e). Under Section 609.2(g), the court considers several factors, including:
This means that a judge won’t just consider what’s best for you. Instead, they’ll focus on how the move affects your child’s well-being, stability, and relationship with both parents.
The couple in this case got married in 2013, had one child, and divorced in 2016. The child spent most of his time with Mother, though he had spent time off and on with both parents. The Mother moved from Illinois to New Jersey with the child in 2022. She tried to get Father to agree to the relocation, but he refused. Ultimately, Mother filed a Petition for Relocation with the Court.
Though Mother had already relocated with the child, the Court did not order the immediate return to Illinois. Instead, it heard argument from Mother on why it was in the child’s best interest to relocate. She claimed that Father often left the child home alone or with family members so that he could go out of town, abuse towards the child, the child’s own wishes, Mother’s sole management of the child’s schedule, and physical abuse between Father and Mother. Mother also suggested a parenting plan that allowed the child to spend school breaks with Father in Illinois. The Court appointed a child representative and ordered the parties to attend mediation on this issue.
Mediation failed, and Father filed an emergency petition claiming that Mother had violated their parenting plan by relocating without permission, that Mother had failed to give notice of relocation as required by statute, and that Mother was interfering with Father’s relationship with the child. Father then requested the immediate return of the child to Illinois. After ordering mediation and home studies for each parent, the Court discovered the Father had a child abuse and neglect investigation that was “indicated,” meaning the Department of Children and Family Services (“DCFS”) found credible evidence of child abuse or neglect.
When giving its final ruling, the trial court analyzed all statutory factors and found that it was in the child’s best interest to be with Mother. Mother’s home was a better environment as the child had disclosed Father had choked Mother and verbally abused her in front of the child, and the child desired to remain in New Jersey.
This case illustrates that Illinois courts will prioritize the child’s best interest over anything else. Father had valid procedural arguments for why the Court should order the child’s immediate return to Illinois, but the evidence of the child’s best interest outweighed Mother’s failure to follow procedure. Courts must hold the best interest of the child above all else. See 750 ILCS 5/609.2(g).
Despite the outcome of the case detailed above, attempting to move out of state with your child without following the proper legal process can result in grave consequences, including:
Always consult with an attorney before making any relocation plans involving a child. Even well-intentioned moves can backfire if the proper legal channels are not followed.
Communicate early: Talk to your co-parent as soon as relocation becomes a possibility.
Document everything: Keep records of job offers, housing options, school information, and communications.
Focus on your child’s needs: Frame your reasoning around how the move benefits your child.
Consult an experienced attorney: Every case is different, and legal advice tailored to your situation is crucial.
Relocation cases are emotionally charged and legally complex. Whether you’re the parent seeking to move or the one opposing the relocation, your rights and your child’s future are on the line.
At O. Long Law, LLC, we have extensive experience navigating Illinois family law and relocation disputes. We can help you understand your rights, evaluate your options, and present the strongest case possible to the court.
Contact us today to schedule a confidential consultation. Let us guide you through this critical legal process with clarity and care.
Category: Child Custody
10.16.25