Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Illinois, parental relocation with a child is governed by the Illinois Marriage and Dissolution of Marriage Act. When a parent with primary physical custody or equal parenting time wishes to relocate with a child, they must provide written notice to the other parent if the move is more than 25 miles from the child's current primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties, or more than 50 miles within Illinois from the current primary residence if outside those counties, or more than 25 miles to a new residence outside of Illinois. If the non-relocating parent objects, or if the parents cannot agree on modifying the parenting plan, the relocating parent must seek approval from the court. The court will consider the best interests of the child, including the reasons for the move, the impact on the child's relationship with both parents, and the potential benefits to the child's life. The court may allow the relocation, deny it, or require modifications to the parenting plan to ensure the child maintains a relationship with both parents.