CHICAGO, IL – October 27, 2026 – Parents who want to move with a child after an Illinois divorce do not always need court approval, but moves that exceed specific mileage thresholds trigger notice requirements and, if contested, a judge’s review under 750 ILCS 5/609.2. Chicago divorce attorney Michael Ian Bender of Caesar & Bender, LLP (https://www.caesarbenderlaw.com/blog/child-relocation-illinois-609-2/) is offering guidance on when a proposed move qualifies as a “relocation” and what parents must do to comply with Illinois law.

According to Chicago divorce attorney Michael Ian Bender, the mileage threshold that triggers the relocation statute depends on where the child currently lives: moves of more than 25 miles within Cook, DuPage, Kane, Lake, McHenry, or Will County count as a relocation, while other Illinois counties use a 50-mile threshold, and any out-of-state move beyond 25 miles is automatically covered regardless of which county the child lives in. “Parents are often surprised that a move across town doesn’t trigger the statute, while a much shorter move across state lines does,” Bender explains. “The county where the child currently lives is what determines which threshold applies, and only a parent with a majority or equal share of parenting time can seek to relocate under the statute.”

Chicago divorce attorney Michael Ian Bender notes that a parent planning a covered move must give the other parent at least 60 days’ written notice before relocating, including the intended moving date, the new address if known, and how long the move is expected to last. If the other parent agrees, the court can typically approve the change without a contested hearing, but an objection requires the relocating parent to petition the court and prove the move serves the child’s best interests under the 11 factors set out in Section 609.2(g), including each parent’s relationship with the child, educational opportunities, and the feasibility of a workable parenting time schedule after the move.

Attorney Bender adds that failing to provide proper notice can be treated as evidence of bad faith, exposing the relocating parent to attorney’s fee awards or a judge’s refusal to approve the move. “Skipping the notice requirement rarely helps a parent’s case,” he notes. “Courts tend to view it as a sign the move wasn’t handled in good faith, which can affect custody and parenting time going forward, and a judge may also order the relocating parent to cover the other parent’s legal costs.”

Bender points out that distance and location often shape how closely a court examines a proposed move. A short relocation within the Chicago area may allow the existing parenting schedule to continue with only minor adjustments, while longer or out-of-state moves draw closer scrutiny because the court must determine whether a workable parenting time arrangement, including holiday schedules, travel, and virtual contact, can preserve the child’s relationship with the parent who is staying behind.

Co-founding partner Molly E. Caesar, who represents parents in relocation disputes alongside Bender, notes that high-profile or high-asset relocation cases often involve additional considerations beyond the standard best-interest analysis. “Privacy concerns, business travel obligations, and security issues can all factor into how a parenting plan needs to be structured around a proposed move,” Caesar says. “Guardians ad litem or custody evaluators sometimes play a larger role when the facts are disputed or the court needs more information.”

The firm handles relocation and custody matters throughout Cook County and the greater Chicago metropolitan area, including cases where a parent has already moved without following the statute and the other parent seeks an emergency return order for the child.

Bender notes that a relocation order is not always the final word, since either parent may later seek a modification under 750 ILCS 5/610.5 if circumstances substantially change, such as a job loss or a change in the child’s needs, or pursue an appeal if they believe the trial court made a legal error. He adds that a modification asks the trial court to revisit the arrangement based on new facts, while an appeal reviews the existing record for legal mistakes and is subject to strict filing deadlines.

For Chicago-area parents planning a move or responding to a relocation request, understanding the notice requirements and best-interest factors under 750 ILCS 5/609.2 can help avoid unnecessary disputes. Consulting a family law attorney before finalizing plans may help protect both parenting time and the relationship between parent and child.

About Caesar & Bender, LLP:

Caesar & Bender, LLP is a Chicago-based law firm focused on divorce, custody, and family law matters. Led by attorneys Michael Ian Bender and Molly E. Caesar, the firm represents parents throughout Cook County and the greater Chicago area. For consultations, call (312) 236-1500.

 

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Email: mbender@caesarbenderlaw.com

Website: https://www.caesarbenderlaw.com/

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Company Name: Caesar & Bender, LLP
Contact Person: Michael Ian Bender
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Phone: (312) 236-1500
Address:150 N Michigan Ave #2130, Chicago, IL 60601
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Website: https://www.caesarbenderlaw.com/

 

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To view the original version on ABNewswire visit: Chicago Divorce Attorney Michael Ian Bender Guides Parents Through Illinois Child Relocation Law

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