Before the moving truck, the petition
Parental Relocation Lawyers in Chicago, IL
Distance is a legal threshold in Illinois, not just a number on a map.
Chicago · Cook County · All of Illinois
I.The Matter
Illinois replaced the old "removal" statute in 2016 with a relocation framework that applies whether a parent is moving within the state or out of it. The rule is more particular than most parents expect: a move can trigger the statute at a shorter distance than people assume, and moving without following it can undo the very plans it was meant to protect. Arami Law represents parents seeking to relocate with a child, and parents fighting to keep one nearby.
When a Move Triggers the Relocation Statute
Under 750 ILCS 5/609.2, a parent with a majority of parenting time who wants to move needs the other parent’s agreement or the court’s permission once the move crosses a set distance: generally 25 miles for parents in Cook, DuPage, Kane, Lake, McHenry, or Will counties, 50 miles for parents elsewhere in Illinois, and 25 miles for any move out of state. Those thresholds are measured from the child’s current residence, and a move that looks modest on a map can still cross the line.
Notice Requirements Before a Move
A parent intending to relocate must serve written notice on the other parent at least 60 days before the move, stating the new address and the intended date. If both parents agree, the agreement is filed with the court and typically approved without a hearing. If the other parent objects, the moving parent must file a petition and obtain the court’s permission before relocating, not after.
How Courts Decide a Relocation Petition
Section 609.2(g) lists the factors: the reasons for and against the move, each parent’s history and quality of relationship with the child, the educational opportunities at the new location, the child’s ties to extended family and community, and whether a revised parenting-time schedule can reasonably preserve the relationship with the parent staying behind. No single factor controls, and the analysis is fact-specific to the family in front of the court.
Defending Against a Relocation Petition
A parent who would be left behind is not powerless. We build the case around the strength of the existing relationship, the real availability of a long-distance schedule that can substitute for it, and, where the stated reason for the move doesn’t hold up under scrutiny, evidence that the relocation is designed to limit the other parent’s access rather than serve the child’s interests.
Moving Without Permission
A parent who relocates without agreement or court approval risks a contempt finding, an emergency motion to return the child, and a court that reads an unauthorized move as evidence against the moving parent on every other contested issue in the case, including future decision-making and parenting time.
Legally reviewed byKourosh Arami, Esq.Founding Attorney · Chicago-Kent College of Law · 21 years of Illinois family law practiceUpdated 2026-07-29Editorial Policy
Retained by
- Parents relocating for a job, remarriage, or family support
- Parents opposing a move that would gut their parenting time
- Parents who moved without following the notice requirements
- Parents served with an unexpected relocation notice or petition
Arami Law serves clients across Chicago, Cook County, and the collar counties, including the North Shore communities of Winnetka, Wilmette, Glencoe, Kenilworth, Evanston, and Lake Forest.
II.The Approach
Prepared as if it will be tried.
Confirm the threshold
Whether the statute is even triggered turns on exact distance and county, measured correctly from the start.
Build the case
For or against the move, built on the 609.2 factors, not general assertions about what would be fair.
Propose the schedule
A workable long-distance parenting plan is often what actually decides a contested relocation petition.
Litigate the petition
Where agreement isn’t reached, we try relocation petitions prepared to prove every factor, not just the sympathetic ones.
III.Questions
Parental relocation in Illinois, answered.
IV.The Inquiry
Submit your matter for confidential review.
The firm accepts a limited number of matters each year. Kourosh personally reviews every inquiry, in confidence.
Prefer to speak directly? (312) 212-1399
Serving Chicago, Cook County, and all of Illinois.
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