Can Fathers Oppose Child Relocation in Illinois?

 Posted on December 30, 2025 in Child Custody

Fathers in Illinois have the right to oppose a child relocation. The court will decide the issue based on what serves the child’s best interests, not on whether the parent requesting the move is the mother or the father. A proposed relocation can affect parenting time, school stability, and a child’s daily life, which is why these cases often become contested.

Relocation disputes arise more often than many parents expect, especially after divorce or separation. If you are concerned about your co-parent moving with your child, our Arlington Heights, IL child custody lawyer can help.

What Does Child Relocation Mean Under Illinois Law?

Under Illinois law, relocation has a specific legal meaning. It does not apply to every move. Instead, it refers to a move that increases the distance between the child and the other parent beyond certain limits.

Illinois law governing relocation, under 750 ILCS 5/609.2, defines relocation based on how far the child is moving and where the parents live. For example, a move of more than 25 miles may qualify as relocation in some situations, while shorter moves may not require court approval. The specific mileage threshold varies based on the county the family lives in.

If a proposed move meets the legal definition of relocation, the parent seeking to move must either obtain the other parent’s consent or court approval.

Can Fathers Legally Object to a Child’s Relocation in Illinois?

Fathers have the same legal right as mothers to object to a child’s relocation. Illinois courts do not favor one parent over the other based on gender.

If a father does not agree to the relocation, he may formally object. When that happens, the court will hold a hearing to decide whether the move should be allowed.

An objection does not mean the court will automatically deny the relocation. It does mean the relocating parent must prove that the move is in the child’s best interests.

What Factors Do Courts Consider in Relocation Cases?

Illinois courts evaluate relocation requests using a detailed set of factors. These factors are meant to help the judge understand how the move would affect the child’s life and relationships.

Under 750 ILCS 5/609.2(g), courts may consider several issues, including:

• The reasons for the proposed relocation

• The reasons for the other parent’s objection

• The child’s relationship with each parent

• How the move would affect parenting time

• Whether a realistic parenting schedule can be maintained

No single factor controls the outcome. Courts look at the full picture and weigh each issue carefully.

Can Parenting Time Be Changed if Relocation Is Allowed?

If the court allows relocation, parenting time often changes. Courts may adjust schedules to account for distance, school calendars, and travel time.

In some cases, the non-relocating parent may receive longer blocks of parenting time during school breaks or summer months. Transportation responsibilities and costs are also commonly addressed.

If relocation is denied, the existing parenting plan may remain in place, or the court may make smaller adjustments if needed.

What Happens if a Parent Moves Without Court Approval?

Moving a child without proper consent or court approval can have serious consequences. Courts may view unauthorized relocation as a violation of court orders. This can lead to legal penalties, changes in parenting time, or even a modification of custody. Under 750 ILCS 5/610.5, courts have the authority to enforce and modify parenting orders when violations occur.

Because of these risks, parents are strongly encouraged to follow the legal process before relocating. If your co-parent moved your child far away without your consent, you should contact an attorney immediately.

Schedule a Free Consultation With Our Rolling Meadows, IL Father’s Rights Attorney

Attorney Don Cosley personally handles all aspects of his cases. When you call with questions about your case, you will speak directly with him, your legal representative. You will not be passed off to a paralegal or subordinate. That direct involvement allows for clear communication and careful attention to each child custody matter.

If you are facing a potential relocation dispute, call Law Offices of Donald J. Cosley at 847-253-3100 to schedule your free consultation with our Arlington Heights, IL child custody lawyer.