Life changes, and sometimes those changes require moving to a new city, state, or even country. For unmarried parents in Illinois who share custody or parenting time with their children, the decision to relocate isn't as simple as packing boxes and forwarding mail. Illinois law has specific requirements and procedures that must be followed when a parent wants to move with their child, and failing to follow these rules can result in serious legal consequences, including contempt of court or even loss of custody. 

Whether you're considering a move for a new job, to be closer to family, or for any other reason, understanding Illinois relocation law is crucial for protecting both your rights and your relationship with your child. 

Understanding the Legal Framework for Unmarried Parents 

Before diving into relocation requirements, it's important to understand how Illinois treats unmarried parents differently from divorced parents. When parents are married and later divorce, the court automatically has jurisdiction over their children and can establish custody, parenting time, and other arrangements through the divorce proceedings. 

For unmarried parents, the situation is more complex. If there's no existing court order addressing custody and parenting time, the biological mother typically has sole legal custody of the child by default under Illinois law. However, once paternity is established and a court enters orders regarding allocation of parental responsibilities (custody) or parenting time, both parents become subject to the same relocation restrictions that apply to divorced parents. 

This means that if you're an unmarried parent with an existing court order governing your parenting arrangement, you cannot simply decide to move away with your child without following proper legal procedures, regardless of whether you have sole custody or share custody with the other parent. 

When Relocation Restrictions Apply 

The key question for unmarried parents is whether there's an existing court order that governs your parenting arrangement. If you have a court order that addresses custody, parenting time, or child support, then Illinois relocation laws apply to you just as they would to divorced parents. 

These court orders might have been entered in various proceedings: 

If you don't have any court orders regarding your child, the legal landscape is different, but it's not necessarily simpler. While you might technically be free to relocate without court approval, moving could prompt the other parent to file for custody or parenting time orders that might restrict your ability to remain in your new location. 

The 25-Mile Rule and Notice Requirements 

Illinois law distinguishes between moves that significantly impact the other parent's relationship with the child and those that don't. Generally, if you're planning to move more than 25 miles from your current address, you must provide advance notice to the other parent. 

The notice requirement serves several purposes. First, it gives the other parent time to object to the proposed move if they believe it would harm their relationship with the child. Second, it allows time for parents to potentially modify parenting time schedules to accommodate the new distance. Finally, it ensures that any relocation disputes can be resolved by the court before the move actually happens. 

The notice must be in writing and typically must be provided at least 60 days before the intended move date. However, the specific timing requirements can vary depending on your existing court orders, so it's crucial to review your specific case documents or consult with an attorney. 

The notice should include: 

When the Other Parent Objects 

If the other parent objects to your proposed relocation, they can file a motion with the court seeking to prevent the move. Once this happens, you generally cannot relocate until the court has ruled on the motion, unless there are exceptional circumstances like domestic violence or emergency situations. 

When evaluating relocation requests, Illinois courts apply what's known as the "best interest of the child" standard, but they also consider specific factors outlined in the Illinois Marriage and Dissolution of Marriage Act. These factors include: 

The distance of the move and how it will affect the child's relationship with the non-relocating parent plays a significant role. A move across town is viewed very differently from a move across the country. Courts also consider the reason for the relocation—moves for genuine employment opportunities, to be closer to extended family support, or for educational opportunities are generally viewed more favorably than moves that appear designed to interfere with the other parent's relationship with the child. 

The court will also examine the existing relationship between the child and both parents. If the non-relocating parent has been actively involved in the child's life with regular parenting time, the court is more likely to be concerned about how relocation might impact that relationship. Conversely, if the non-relocating parent has had minimal involvement, relocation might be less disruptive. 

The child's age and needs are also important considerations. Relocating a teenager who has strong connections to their school and friends is viewed differently from relocating a toddler. Similarly, if a child has special needs that are being met by specific resources in the current location, that might weigh against relocation. 

Modifying Parenting Time After Relocation 

When relocation is approved, it often necessitates modifications to existing parenting time arrangements. A schedule that worked when parents lived 10 minutes apart won't work when they live in different states. 

Common modifications for long-distance parenting arrangements include: 

These modifications should ideally be worked out between parents and incorporated into a formal court order. If parents can't agree, the court will make these determinations as part of the relocation proceedings. 

Practical Steps When Considering Relocation 

If you're an unmarried parent considering relocation with your child, several practical steps can help protect your interests: 

First, review your existing court orders carefully to understand your specific notice requirements and restrictions. Court orders can vary significantly in their terms, and what applies to one case might not apply to another. 

Document your reasons for the proposed move thoroughly. Whether it's a job opportunity, family circumstances, or other factors, having clear documentation of your motivations will be important if the move is challenged in court. 

Consider how the move might impact your child's relationship with the other parent and be prepared to propose solutions. Courts appreciate parents who proactively address potential problems rather than simply hoping they'll work themselves out. 

If possible, try to reach agreement with the other parent before filing court motions. Agreed-upon relocations are generally processed more quickly and with less expense than contested ones.