Will I Maintain Joint Custody of My Kids If I Move?

 Posted on May 28, 2026 in Child Custody

Relocating after a divorce or separation often has direct impacts on your custody arrangement. This makes logical sense, but parental relocation is also a significant legal event in Illinois. Whether your joint custody agreement stays intact after a move depends on how far you're going, what your current parenting plan says, and whether the other parent agrees. Getting the logistics wrong can expose you to serious legal consequences, including being ordered to return.

If you're planning a move in 2026 and share custody of your children, an Oswego, IL child custody attorney can help you understand what Illinois law mandates.

Does Illinois Require You to Get Court Permission Before Moving If You Have Joint Custody?

According to 750 ILCS 5/609.2, whether you need court approval to move depends on how far you're going from where your child primarily lives.

If you live in one of the collar counties – Cook, DuPage, Kane, Lake, McHenry, or Will – and you're moving more than 25 miles from the child’s current primary residence, relocation rules apply. For parents living anywhere else in Illinois, the threshold is 50 miles. If you're crossing state lines, the statute applies no matter how far you’re moving.

If your move is further than the above thresholds, you're required to provide written notice to the other parent. This must be given at least 60 days before the planned move. It must include the intended new address, the planned move date, and a proposed revised parenting schedule. If the other parent agrees in writing, you can file the agreement with the court and proceed with the move. If they object, you'll need a judge to decide whether the move is permitted.

How Does an Illinois Judge Decide Whether to Allow a Relocation?

When parents can't agree, the court steps in and makes decisions it thinks will benefit the child's best interest. Illinois courts do not automatically side with or against the relocating parent. Judges will weigh a range of factors, including:

• The reasons for the proposed move and whether they're legitimate

• The reasons the other parent is objecting

• The history and quality of each parent's relationship with the child

• The child's ties to their current community, school, and extended family, if applicable

• Whether an updated visitation schedule will keep the non-relocating parent's relationship with the child

• The child's preferences, depending on their age and maturity

• Each parent's willingness to support the child's relationship with the other parent

A parent moving for a substantial career opportunity or to be closer to family support has a stronger argument than one moving because they want a change of scene. Even a justified move may be denied if the court finds it would seriously damage the child's relationship with the other parent.

What Happens to Your Parenting Plan If Your Move Is Approved by the Court?

The existing schedule and parenting plan may need to be redone to reflect the new distance. This can mean fewer but longer visits for the non-relocating parent. Parenting plans where one parent has moved often include extended time during school breaks, summers, and holidays to compensate for reduced day-to-day access.

You also have to account for travel costs. Courts can divide transportation expenses between the parents as part of the modified order, taking into account each parent's financial situation.

What If You Move Without Notice?

If you move without following the required notice process and without court approval, the consequences can be substantial. A judge can order you to return with the children. This can be problematic if the move is for something like a new job opportunity. They can also hold you in contempt of court or use the move as grounds to change custody arrangements in the other parent's favor.

Call a Lombard, IL Child Custody Attorney Today

At The Law Offices of Robert F. Kramer, Ltd., our Oswego, IL custody lawyers have more than 40 years of combined experience guiding joint-custody parents through events like moving and other family law matters. We know this process can be stressful, and we'll be with you at every step. We offer a free 30-minute initial consultation so we can discuss your case and your options. Call 630-785-2400 to get started.