What is the Difference Between Moving and Relocating With Children?

 Posted on January 19, 2026 in Family Law

In Illinois, many parents are surprised to learn that moving to a new home with their child is not always a straightforward decision. In 2025, data on parenting time in Illinois showed that the nonprimary parent usually receives only about 23 percent of parenting time with their child. Because time with each parent is already limited, even a move that seems minor can have a major impact. One of the most common issues parents face is misunderstanding the legal difference between moving and relocating with children.

As of 2026, Illinois courts continue to strictly enforce relocation rules to protect children’s stability and their relationship with both parents. If you are thinking about changing where your child lives, a Geneva, IL parental rights lawyer can help you understand what the law requires before you move.

What Is the Legal Difference Between Moving and Relocating With Children in Illinois?

A move usually means changing homes within a limited distance. In these situations, court approval is not required as long as the move does not meet the legal definition of relocation.

Relocation, addressed under 750 ILCS 5/609.2, is based on distance, not intent. A move becomes a relocation when it goes beyond certain mileage limits from the child’s current primary residence. The law requires either written consent from the other parent or approval from the court before the move can happen.

The distance rules are specific, and relocation is defined as:

• More than 25 miles from a home in Cook, DuPage, Kane, Lake, McHenry, or Will County

• More than 50 miles from a home in any other Illinois county

• Any move outside Illinois that is more than 25 miles away

If your move meets any of these limits, it is legally considered a relocation.

Why Is It Risky To Relocate With a Child Without Court Approval?

Relocating with a child without court approval can lead to serious legal consequences. If a move meets the legal definition of relocation and happens without permission, a judge may order the child to be returned to the original location. The court may also change parenting time or find that a parent violated an existing court order.

Even moves made for good reasons can create problems if the legal steps are not followed. Illinois courts focus on stability for children and on keeping both parents involved in their lives. When a parent relocates without approval, the court may view that decision as harmful to the child’s routine or the other parent’s relationship.

What Is Required Before a Parent Can Relocate With a Child?

Before relocating, a parent must give formal written notice to the other parent. The notice must include the new address, the planned moving date, and how parenting time would change.

If the other parent agrees, that consent must be put in writing and filed with the court. If the other parent objects, the judge will hold a hearing to decide whether the relocation is allowed.

Can a Parent Object to a Relocation Request in Illinois?

A parent has the right to object to relocation if the move would disrupt parenting time or harm the child’s routine. Common concerns include longer travel, fewer visits, or changing schools. These issues are addressed at a court hearing where both parents can present evidence and argue their case.

How Can a Relocation Request Affect an Existing Parenting Plan?

A relocation request can require changes to an existing parenting plan. When a parent moves far enough to qualify as relocation, the current plan may no longer work.

The court may need to adjust parenting time, travel arrangements, and holiday schedules. In some cases, the judge may also review which parent handles certain decisions for the child. This is why relocation cases often involve more than just permission to move. They can affect many parts of an existing court order.

When Should You Talk to a Lawyer About Moving or Relocating?

You should talk to a lawyer before accepting a job, signing a lease, or making plans that might qualify as relocation. Early advice can help you avoid mistakes and delays. The team at McSwain Rapp Law, LLC can review your parenting plan and explain what steps are required before you move.

Schedule a Free Consultation With a Kane County, IL Child Custody Attorney

If you are thinking about moving or relocating with your children, clear legal guidance matters. At McSwain Rapp Law, LLC, we help parents understand Illinois relocation rules and avoid costly mistakes. Our team can guide you through notice requirements, court hearings, and parenting plan changes.

Call 630-581-2877 to schedule a free consultation with our Geneva, IL family lawyer and learn how to protect your rights and your child’s best interests.