Reviewed by Joshua P. Haid, Managing Partner
Can I Move Out of State With My Child in Illinois?
A new job, family who can help, a fresh start, a new relationship — there are many good reasons a mother needs to move, and the question that stops her cold is whether she can take her child with her. The honest answer is: often yes, but not on your own say-so. Illinois has specific rules about relocating with a child, and moving a meaningful distance — especially out of state — generally requires either the other parent’s agreement or the court’s permission. Moving without following those rules can seriously backfire, even costing you parenting time.
The good news is that mothers relocate with their children successfully all the time when it is handled correctly, and that is where we come in. The Women’s Divorce & Family Law Group by Haid and Teich LLP helps mothers relocate the right way — building the case for a move that serves your child — and helps mothers stop an improper move when the other parent tries to take a child away. Either way, the goal is to protect your relationship with your child and your ability to build the life you need.
Thinking about a move, or facing one? Talk with a Chicago custody lawyer who represents mothers before you make a decision — free, confidential consultation, call 312-445-8830.
When is a move a “relocation” in Illinois?
Not every move triggers the legal process — it depends on distance, measured from your child’s current home (750 ILCS 5/609.2). A move counts as a “relocation,” requiring notice and approval, when it is:
- More than 25 miles from a home in Cook, DuPage, Kane, Lake, McHenry, or Will County;
- More than 50 miles from a home in any other Illinois county; or
- More than 25 miles out of state, for any move to another state.
Distances are measured by an internet mapping service, and the threshold is set by the county you are moving from. Only a parent who has equal or the majority of parenting time may petition to relocate under these rules. If your move is shorter than the threshold, the relocation process generally does not apply — though it is still worth confirming, because a move that looks modest can cross the line.
What if I don’t have a custody order yet?
This is where many mothers are caught off guard. Even without a parenting or custody order in place — for example, if you were never married to the father, or your divorce is not yet filed — moving a child out of state can still create serious legal problems, especially if the father has established paternity or moves to do so. A move made without proper approval can be challenged and can count against you later. If you are an unmarried mother, your starting position is strong (see custody for unmarried mothers), but that does not mean you can freely relocate out of state without risk. The safest course is always to get legal advice before you move, not after.
How do I get permission to relocate with my child?
The process starts with written notice. A parent intending to relocate must give the other parent written notice at least 60 days before the move, stating the new address and the intended date, and file that notice with the court. From there, one of two things happens. If the other parent agrees, the agreement is filed with the court and is usually approved without a hearing. If the other parent objects, you must file a petition and obtain the court’s permission before you relocate — not after. The court then decides based on the best interests of your child, weighing factors like your reasons for the move, the other parent’s reasons for objecting, each parent’s relationship and involvement with the child, the effect on the child, and whether a realistic long-distance parenting schedule can be built. Presenting those factors well is what wins a contested relocation, and it is exactly what we prepare.
What if my child’s father wants to move away with our child?
The same rules protect you in reverse. If the father has the majority or equal parenting time and wants to relocate with your child, he must give you notice and, if you object, obtain the court’s approval over your objection. You have the right to contest a move that would harm your relationship with your child or is not in your child’s best interests. We help mothers object effectively — showing the court why the move does not serve the child and protecting your parenting time.
How we help you move forward
Relocation cases are decided on the specific facts and how well they are presented, not on general fairness. When you want to move, we build the strongest possible case for it: documenting your reasons, showing how the move benefits your child, and proposing a workable long-distance parenting plan, which is often what actually decides a contested petition. When you need to stop a move, we build the case against it with the same rigor. And we make sure you never take a step — like moving before approval — that could jeopardize your parenting time. Whatever your situation, we help you protect both your child and your future.
Related: Child Custody · Custody for Unmarried Mothers · Modifying a Custody Order · Mothers’ Rights
Before you plan a move — or fight one — talk with us. Free, confidential consultation.
