The Illinois 25/50-Mile Relocation Rule: Can I Legally Move Out of State with My Child?

Introduction to the Illinois Relocation Law

Moving with a child after a divorce or separation can be legally complex in Illinois. The law specifically governs how far a parent can move without needing formal permission from the court or the other parent. Governed by 750 ILCS § 5/609.2 and defined under 750 ILCS § 5/600(g), the Illinois relocation rule replaces the old "removal" statute, which only focused on out-of-state moves. Today, the rules apply to both in-state and out-of-state relocations depending on your county of residence. Whether you live in Chicago, Rockford, or Peoria, understanding these geographical boundaries is crucial before you pack your bags.

Step-by-Step Process for Relocating with a Child in Illinois

If you plan to move beyond the allowed radius, you must follow a strict legal process in your local Circuit Court, such as the Circuit Court of Cook County, Chicago or 12th Judicial Circuit Court of Will County, Joliet.

Step 1: Provide Written Notice

You must provide written notice to the other parent at least 60 days before the intended move. You will draft and provide a formal written notice of relocation satisfying the criteria of 750 ILCS § 5/609.2(d), or utilize a template provided by your local circuit court clerk. At a minimum, the notice must set forth the intended date of the relocation, the address of the intended new residence (if known), and the length of time the relocation will last if not indefinite or permanent. A copy must also be filed with the local court.

Step 2: Obtain Consent or Face an Objection

If the non-moving parent agrees and signs the notice, you can simply file the signed notice with the court, and the move is generally approved without a hearing. However, if the other parent objects or fails to sign, you must proceed to the next step.

Step 3: File a Petition to Relocate

When there is an objection, you must file a formal Petition to Relocate. The court will then schedule a hearing. The judge will evaluate the request based on the child's best interests, considering factors like the quality of the new school district and the reasons for the move. If you need representation, consider hiring a lawyer from our US Lawyers Directory.

Step 4: The Court Hearing

At the hearing, both sides will present evidence. The judge will review the history of the parents' relationship, the potential impact on the child's relationship with the non-moving parent, and whether a new parenting time schedule can be reasonably crafted. The precedent set in In re Marriage of Eckert, 119 Ill. 2d 316 (IL Supreme Court 1988) historically provided guidance on these factors, though the modern statute now explicitly lists the criteria.

Military PCS Moves

For military families stationed at bases like Great Lakes or Scott Air Force Base, a Permanent Change of Station (PCS) order can complicate matters. While a PCS move is mandatory for the service member, it does not automatically bypass the Illinois relocation statute. The moving parent still needs court permission if the relocation exceeds the mileage limits or crosses state lines. Courts often look favorably on military moves due to their involuntary nature, but a new parenting plan must still accommodate the non-moving parent.

Relocating for a High-Paying Job or New Spouse

Many parents wish to move because of a better job opportunity or a new marriage. While these are valid reasons, the court will heavily scrutinize whether the move benefits the child directly. Earning more money is helpful, but the judge will weigh that against the loss of frequent contact with the other parent. It is vital to present a solid plan on how the child will maintain a strong bond with the parent left behind in Illinois.

How Courts Calculate "Distance"

A common point of confusion is how the 25 or 50 miles are measured. Under 750 ILCS § 5/600(g), the distance is calculated using an Internet mapping service using surface roads; if alternative routes are provided, the route with the shortest distance must be used-not "as the crow flies" (a straight line). This is particularly important for parents living near county borders or dealing with traffic patterns in the Chicagoland area.

How Much Does it Cost in Illinois?

Filing for relocation can be costly if contested.

How Long Does the Process Take?

If the other parent consents, the process takes only a few weeks to file the paperwork and get a judge's signature. If contested, preparing for a relocation trial can take 6 to 9 months or longer, depending on the court's docket in your specific county.

Frequently Asked Questions (FAQ)