How to Win Court Approval to Relocate with Your Child - DuPage County Divorce Attorney | Bloomingdale Family Law Lawyers
Button 1 Button 2 Button 3 Button 4 Button 5 Button 6
Mevorah & Giglio Law Offices
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000

How to Win Court Approval to Relocate with Your Child

Posted on in Family Law
  • Font size: Larger Smaller
  • Print

Lombard, IL family lawyer

Divorced parents often try to stay in the same area in order to maximize both parents’ involvement in the lives of their children, but that is not always possible. One parent may have a career opportunity that requires relocation, or maybe they just want to move closer to their family. If the relocation distance is substantial, the other parent may object because it will affect parenting time with their children and add the burden of travel costs. These cases often must be argued in court.

What Distance Does Illinois Consider a Relocation?

Illinois law 750 ILCS 5/600(g) defines relocation in terms of the distance between the child’s current primary residence and the new address, as measured by an internet mapping service which provides a distance in miles driven.

If the child’s current primary residence is within the Chicago metro area of Cook, DuPage, Kane, Lake, McHenry, and Will Counties, a move of more than 25 miles is treated as a relocation.

If the child’s current primary residence is outside the Chicago metro area, a move of more than 50 miles is considered a relocation unless the child is being moved outside of Illinois, in which case a move of more than 25 miles is treated as a relocation. 

What Are the Rules for the Relocating Parent?

Illinois law 750 ILCS 5/609.2 requires a relocating parent to give the co-parent 60 days’ written notice of the relocation. If the co-parent signs the notice, the relocation will be allowed. The parents must provide the court with a modified parenting plan, which will be approved as long as the court finds the new plan to be in the child’s best interests.

If the non-relocating parent objects to the relocation, or if the parents cannot agree on a modified parenting plan, the relocating parent must file a petition with the court seeking permission to relocate. The court will then decide whether to approve the relocation and, if so, how the parenting plan will be modified.

What Arguments will Convince the Court to Allow Relocation?

Illinois law requires consideration of 11 specific factors and the totality of the circumstances to determine whether relocation is in a child’s best interests. These factors include:

  • The effect of the move on the child’s quality of life, including the presence of extended family at each location, educational opportunities at each location, and time with each parent.
  • The ability to create a reasonable allocation of parental responsibilities that is appropriate to the parents’ work schedules, financial resources, and other constraints.
  • The reasons for the relocation.
  • The other parent’s objections to the relocation.

A 2018 appellate court decision offers some additional guidance for parents in a close contest over relocation:

While a long-distance move (75+ miles) has been shown to compromise the quality of a parent’s relationship with their child, that fact alone does not require the court to prohibit the relocation. 

An improvement in the relocating parent’s quality of life can be considered by the court to the extent that it directly or indirectly benefits the child.

Expert witness testimony can play a major role in the court’s decision. In this case, each party hired a psychologist to testify regarding each parent’s relationship with the child and the likely impact of the relocation on the child. 

Contact Our DuPage County Child Custody and Relocation Lawyers

If you wish to relocate with your child and your co-parent strongly objects, or vice versa, you may have to go to court and have a judge decide whether the relocation can proceed. An experienced Lombard family law attorney can help you prepare the best possible arguments for your position. Call Mevorah & Giglio Law Offices at 630-932-9100 for a no-cost initial consultation.


Latest Blog Posts


  • DuPage County Divorce Lawyers
  • Elite Lawyer
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers
  • Better Business Bureau

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from 3 offices in Lombard, Bloomindale, and Naperville.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted