Learning how to win a relocation custody case in Illinois can feel overwhelming when you need to move with your child. Whether you’re facing a job transfer, remarriage, or family emergency, Illinois courts require specific legal steps before you can relocate with your children.
Understanding these requirements is important. Mistakes in your relocation petition can result in the court denying your request to move. In this guide, you’ll learn the 11 factors Illinois courts use to evaluate relocation cases, the exact notice requirements, critical mistakes that may harm cases, and how to prepare compelling evidence for your hearing.
Understanding Your Burden of Proof in Illinois Relocation Cases
The most critical aspect of winning a relocation custody case in Illinois is understanding what you must prove to the court. Unlike other family law matters where both parents present their cases equally, relocation puts the entire burden on the parent seeking to move. This means you must build a compelling case that demonstrates the move serves your child’s best interests, not just your own convenience.
Many parents underestimate this burden and approach their case too casually. However, Illinois courts take a conservative approach to relocation because they recognize that moving a child away from the other parent fundamentally changes the family dynamic. Therefore, you may need more than just good reasons to move—you may need legally persuasive evidence that the relocation enhances your child’s life in measurable ways.
“Know the recent changes to Illinois relocation laws”
The Relocating Parent Bears the Legal Burden
In Illinois, a parent who has the majority of parenting time or has shared/equal parenting time with the other parent, who is seeking to relocate with their children, has to carry the entire burden of proof in child custody cases. This means the court assumes the status quo (staying in the current location) is in the child’s best interest unless you prove otherwise. You must present clear, convincing evidence that your proposed move serves your child’s best interests, not simply argue that it won’t harm them.
This burden extends beyond just showing the move benefits you. For example, if you receive a job offer with higher pay, you typically cannot just present the salary increase. Instead, you will need to demonstrate how that increased income specifically improves your child’s life—better housing, educational opportunities, healthcare, or extracurricular activities. The court wants to see concrete and direct benefits to the child, not just general family improvements.
Furthermore, you must address how the move impacts the other parent’s relationship with your child. Courts recognize that maintaining strong relationships with both parents typically serves children’s best interests. Therefore, your burden includes proposing realistic solutions that preserve the non-relocating parent’s meaningful involvement in your child’s life.
Illinois Best Interest Standard Governs All Decisions
Illinois courts apply the best interest of the child standard when evaluating relocation petitions under 750 ILCS 5/609.2. However, relocation cases use different factors than general custody decisions.
While general custody cases rely on the factors outlined in 750 ILCS 5/602.5 and 602.7, relocation petitions are governed by eleven specific factors found in 750 ILCS 5/609.2(g). These relocation factors are tailored to address the unique challenges that arise when a parent wants to move away with a child, including the impact on the non-relocating parent’s relationship and the logistics of maintaining meaningful contact across distance.
Who Can Seek Relocation in Illinois
Only parents with majority parenting time or equal parenting time may seek to relocate with a child. Therefore, if you have minimal parenting time, you don’t need to petition for relocation if you move. Shared parenting time means each parent has at least 146 overnights per year with the child.
Best Interest Standard in Illinois Relocation Cases: 11 Key Factors
Illinois relocation cases are governed by eleven specific factors outlined in 750 ILCS 5/609.2(g), which differ from the general best interest factors used in typical custody decisions. These relocation factors specifically address the complexities of moving a child away from their current location and the other parent.
Understanding these factors is crucial because courts must find that your relocation serves your child’s best interests using this specific framework. Each factor carries equal weight, and courts examine the totality of circumstances rather than focusing on just one or two elements. Therefore, you need to address how your proposed move satisfies multiple factors to build a compelling case.
The eleven relocation factors create a comprehensive framework that balances your reasons for moving against the potential disruption to your child’s life and relationship with the other parent. Courts use these factors to determine whether the benefits of relocation outweigh the challenges it creates.
Factor 1: Circumstances and Reasons for Your Intended Relocation
Courts examine “the circumstances and reasons for the intended relocation” under 750 ILCS 5/609.2(g)(1). This factor focuses on your motivation and the necessity of the move. Legitimate reasons include job transfers with significant salary increases, family emergencies requiring caregiving, educational opportunities, or remarriage to someone with established roots elsewhere.
However, courts look beyond surface reasons to examine whether your move is genuine or designed to interfere with the other parent’s relationship. Document the specific circumstances that necessitate your relocation, including timeline pressures, financial benefits, and why alternative solutions won’t work.
Factor 2: Reasons for the Other Parent’s Objection
This factor examines “the reasons, if any, why a parent is objecting to the intended relocation”. Courts want to understand whether the objection stems from legitimate concerns about losing meaningful contact with the child or from a desire to control or punish you.
If the other parent has been actively involved in your child’s life, their objection carries much more weight. Conversely, if they have rarely exercised parenting time or been uninvolved in important decisions, courts may view their objection as less compelling.
Factor 3: History and Quality of Each Parent’s Relationship with the Child
Factor three evaluates “the history and quality of each parent’s relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her”. This factor examines both parents’ involvement in the child’s life.
Courts consider whether the non-relocating parent has consistently exercised their parenting time, attended school events, participated in medical appointments, and remained actively involved in the child’s daily life. They also examine whether you have interfered with the other parent’s relationship or encouraged the child’s bond with both parents.
Factor 4: Educational Opportunities at Both Locations
The statute requires courts to consider “the educational opportunities for the child at the existing location and at the proposed new location”. This goes beyond simply comparing school district rankings to examine the specific programs, resources, and opportunities available to your child.
Gather concrete evidence about both locations, including special education services if needed, advanced programs, extracurricular activities, and educational support systems. However, courts rarely approve relocation based solely on marginally better schools unless the educational advantages are significant and directly benefit your child’s specific needs.
Factor 5: Extended Family Presence at Both Locations
Courts examine “the presence or absence of extended family at the existing location and at the proposed new location”. This factor evaluates the support systems available to your child in both places and how extended family relationships might be affected by the move.
Moving closer to grandparents, aunts, uncles, or other family members can strengthen your case, especially if these relationships provide emotional support, childcare assistance, or cultural connections for your child, however it does not ensure you will be able to relocate. However, courts also consider the extended family relationships your child would lose by leaving the current location.
Factor 6: Anticipated Impact of Relocation on the Child
This factor requires courts to consider “the anticipated impact of the relocation on the child”. Courts examine how the move will affect your child’s emotional well-being, social connections, academic progress, and overall adjustment.
Consider your child’s age, temperament, and previous experience with changes. Younger children may adapt more easily, while teenagers with established friendships and activities may struggle more with relocation. Document how you plan to help your child through the transition and maintain important connections from their current location.
Factor 7: Court’s Ability to Fashion Reasonable Parental Responsibilities
Factor seven examines “whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs”. This factor focuses on the practical logistics of maintaining both parents’ involvement in the child’s life after relocation.
Courts consider whether distance and logistics make it feasible to create a workable parenting schedule. This includes transportation costs, travel time, school schedules, and both parents’ work obligations. Your proposed parenting plan must be realistic and sustainable for both parents.
Factor 8: The Child’s Wishes and Maturity Level
Courts must consider “the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to relocation”. While children’s preferences matter, courts focus more on the child’s reasoning and whether their wishes align with their best interests.
Older, more mature children’s opinions carry greater weight, but courts carefully examine whether the child’s preferences result from one parent’s influence or manipulation. The child’s stated reasons for supporting or opposing the move are often more important than their conclusion. However, it is important to remember that the court is not going to grant the relocation just because a child tells the court they want to move. This is only one factor the court considers in the totality of everything.
Factor 9: Alternative Arrangements to Relocation
The statute requires courts to consider “possible alternative arrangements to relocation”. This factor examines whether there are ways to achieve your goals without moving, or whether compromises might address both parents’ concerns.
Alternative arrangements might include delayed relocation timing, temporary moves, or modifications to the current situation that address your underlying needs without requiring relocation. Courts want to see that you’ve considered all options before concluding that relocation is necessary.
Factor 10: Minimizing Impairment to Parent-Child Relationships
Factor ten focuses on “minimization of the impairment to a parent-child relationship caused by a parent’s relocation”. This factor is often decisive because courts prioritize maintaining strong relationships between children and both parents.
You must demonstrate how you’ll preserve the non-relocating parent’s meaningful involvement in your child’s life. This includes proposing specific communication schedules, extended visitation periods, and sharing transportation costs. Courts want concrete plans, not vague promises about “staying in touch.”
Factor 11: Any Other Relevant Factors
The final factor allows courts to consider “any other relevant factors bearing on the child’s best interests”. This catch-all provision gives judges flexibility to address unique circumstances in your case that don’t fit neatly into the other ten factors.
Other relevant factors might include special medical needs requiring specific healthcare providers, cultural or religious considerations, safety concerns, or unique opportunities available only in one location. This factor ensures courts can address the full picture of your child’s needs and circumstances.
Relocation Parenting Time Dispute Strategies That Work
Prepare a Detailed Proposed Parenting Schedule
Create a comprehensive plan for ongoing contact between your child and the other parent. Include regular video calls, extended holiday visits, and summer arrangements. Additionally, consider transportation costs and logistics.
Document Every Benefit of the Move
Compile concrete evidence supporting your relocation:
- Job offer letters with salary details
- School district rankings and program information
- Housing comparisons showing improved living conditions
- Healthcare provider quality assessments
- Community activity options for your child
- Family connections and support
Maintain Civil Communication Throughout the Process
Keep all communications with the other parent professional and documented. Text messages, emails, and written correspondence may become evidence. Therefore, avoid emotional language or threats.
Consider Expert Testimony When Appropriate
Child psychologists, educational consultants, or vocational experts can strengthen your case. However, expert witnesses are expensive and should be used strategically. Discuss this option with your attorney early in the process.
Focus on Your Child’s Needs, Not Your Own
Frame every argument around your child’s benefits. While your happiness matters, courts prioritize children’s welfare above parental convenience. Consequently, emphasize how the move enhances your child’s opportunities and well-being.
Common Mistakes That Cause Illinois Relocation Petitions to Fail
Moving Without Court Permission
An automatic temporary restraining order prohibits either parent from taking the child outside Illinois once an objection is filed. Moving without permission can result in parental kidnapping charges and immediate case dismissal.
Failing to Provide Proper Notice
You must provide at least 60 days written notice before relocation of where you intend to move, unless such notice is impracticable. Courts may consider failure to comply as evidence the relocation is not in good faith and award attorney’s fees to the other parent.
Denying Access or Badmouthing the Other Parent
Any attempts to limit the other parent’s time or speak negatively about them will backfire. Courts want to see parents who encourage strong relationships with both parents.
Submitting Incomplete or Vague Petitions
Information prepared by non-lawyers often becomes inadmissible because they overlook technical evidence requirements. Your petition must include specific details about the new location, reasons for moving, and proposed parenting arrangements.
Focusing Only on Your Personal Benefits
Arguments centered on your career advancement, relationship status, or preferences rarely succeed. Instead, demonstrate how these changes ultimately benefit your child.
What Happens at Illinois Relocation Hearings
Pre-Hearing Preparation Timeline
Expect the process to take several months. Consider providing notice at least six to nine months before the school year starts for school-age children. This timing allows for proper legal proceedings without disrupting your child’s education.
Evidence Presentation and Witness Testimony
Be prepared to present detailed evidence supporting your case. The relocating parent bears responsibility for providing compelling evidence that supports their decision to relocate and proves why it serves their child’s best interests. Witnesses may include family members, teachers, employers, or other relevant parties.
Cross-Examination and Credibility Assessment
The other parent’s attorney will challenge your testimony and motivations. Judges evaluate credibility and intent carefully. Therefore, remain honest, consistent, and focused on your child’s welfare throughout questioning.
Guardian Ad Litem Involvement
In contested cases, courts often appoint a Guardian Ad Litem to investigate and recommend what serves the child’s best interests. This person will interview both parents, the child, and other relevant parties before making recommendations to the court.
Real Case Example: When Relocation Petitions Fail
Learning from Failed Relocation Cases
Even parents with majority parenting time can lose relocation petitions when they make critical procedural errors. In one Lake County case our firm handled, a mother’s petition to relocate to North Carolina was denied because she moved before receiving court approval and failed to follow proper notice requirements.
The case demonstrates how important it is to follow Illinois relocation law precisely and put your child’s interests first in your petition.
Read the complete case study and see how we successfully defended against this relocation →
Key Takeaways for Your Case
This case demonstrates that even parents with majority parenting time can lose relocation petitions when they fail to follow proper procedures or prioritize their interests over their children’s needs. Always obtain court approval before making any moves.
When You Need an Illinois Child Relocation Attorney
Signs You Should Seek Legal Guidance Immediately
Contact an experienced relocation attorney when:
- The other parent objects to your proposed move
- Your case involves complex parenting arrangements
- You’re planning an out-of-state relocation
- The other parent has filed an objection to your notice
- You’re facing a relocation petition from the other parent
Why Professional Legal Help Matters
The complexity of legal and procedural requirements often makes it advisable for parties to seek legal representation. Legal assistance may be helpful in navigating the procedural requirements of relocation cases.
Relocation attorneys typically understand the specific evidence courts require and may help you avoid costly mistakes. They may also know how to present your case persuasively while addressing potential weaknesses.
Get Legal Help Before You File—Speak to a Chicago Child Relocation Attorney Today
Build the Right Case, with the Right Support
Winning a relocation custody case in Illinois typically requires strategic preparation, compelling evidence, and legal guidance to navigate the complex requirements of 750 ILCS 5/609.2.
Proper legal strategy may make a significant difference in the outcome of your relocation petition.
Talk to a Chicago Family Law Lawyer → Get guidance for your case
Illinois Relocation Custody Case Frequently Asked Questions and Answers
Can I relocate if my ex-spouse objects to the move?
Yes, you can still relocate if your ex-spouse objects, but you must file a petition with the court to obtain permission to do so, and prove the move serves your child’s best interests. The court will evaluate eleven specific factors before making a decision on your relocation request.
How long does an Illinois child relocation case take?
Most Illinois relocation cases take several months from filing to final decision. The timeline depends on court schedules, whether the other parent contests the petition, and the complexity of your specific circumstances.
What happens if I move without court permission in Illinois?
Moving without court permission in Illinois can result in contempt of court charges, parental kidnapping accusations, and automatic denial of your relocation petition. The court may order immediate return of the child and award attorney fees to the other parent.
Can I relocate if the other parent has equal parenting time?
Yes, parents with equal parenting time can petition for relocation in Illinois. However, you must prove the move serves your child’s best interests and provide 60 days written notice to the other parent before relocating.
What distance requires court approval for relocation in Illinois?
Illinois requires court approval for moves over 25 miles from Cook, DuPage, Kane, Lake, McHenry, or Will counties, over 50 miles from other Illinois counties, or any out-of-state move more than 25 miles from your current residence.
