family lawyer Swansea, IL

How Far Is Too Far To Move With Your Kids

July 17, 2026

A parent with a job offer in another town does not always realize that moving even a modest distance can trigger a formal legal process under Illinois law. The rules depend on exact mileage, not just common sense about what feels like a big move.

Illinois Defines Relocation By Distance, Not Intent

Under 750 ILCS 5/609.2, a move counts as a relocation if it exceeds specific mileage thresholds measured from the child’s current residence. The exact threshold depends on which county the child currently lives in, not on how far the move feels or why the parent is moving.

The Actual Distance Thresholds Involved

For families in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move of more than 25 miles from the child’s current residence counts as a relocation. In every other Illinois county, the threshold is 50 miles. A move outside Illinois that exceeds 25 miles from the current residence also counts as a relocation, regardless of which county the family started in.

Who Is Allowed To Seek A Relocation

Only a parent who has been allocated the majority of parenting time, or either parent under an equal parenting time arrangement, can seek to relocate with a child under this statute. A parent without majority or equal parenting time faces different considerations entirely.

The Notice The Relocating Parent Must Give

A parent intending to relocate must provide written notice to the other parent, generally at least 60 days before the move, unless that timing is impracticable. The notice must be filed with the clerk of the circuit court, and courts can seal or limit some notice details in cases involving a history of domestic violence.

What Happens When The Other Parent Objects

If the non-relocating parent signs the notice, the relocation can proceed without further court action, and the parenting plan gets modified to reflect the agreed move. Flat Fee Divorce Solutions helps parents reach this kind of signed agreement whenever possible, since it avoids a contested hearing entirely. If that parent objects, does not sign, or the parties cannot agree on a modified schedule, the relocating parent must file a petition asking the court for permission, and a best interest hearing follows.

Information Worth Preparing Before Filing A Relocation Notice

Because the statute requires specific details, having the following ready in advance helps avoid delays:

  • The anticipated date of the move
  • The new address, if it is already known
  • The length of time the relocation is expected to last, if not permanent
  • A proposed revised parenting time schedule to offer the other parent

Handling A Relocation Move In Swansea

Because the mileage threshold, not general intuition about distance, controls whether this statute applies at all, confirming which rule governs a specific move matters before any notice gets sent. A Swansea family lawyer can review the current parenting plan and the planned move to determine whether formal relocation procedures apply.

Getting The Notice And Filing Right

Because a relocation that proceeds without proper notice can affect how a court views the move later, getting the paperwork right from the outset matters. A Swansea family lawyer can help prepare the written notice and filing so the process moves forward correctly.

A move that feels routine to the parent making it can still trigger formal legal requirements if the mileage crosses the statutory line, and missing that step can create real complications later. If you are considering a move with your children in the Swansea area, reach out to our office to go over whether the relocation statute applies to your situation.