Illinois

Statutory framework; factor structure: 17 + 15.

Authority

750 Ill. Comp. Stat. 5/602.7(b); 5/602.5(c)

Source framework

Statutory

Factor structure

17 + 15

Operative language

shall

Catch-all language

yes, (b)(17)

Presumptions in the original survey

Parenting time: both parents presumed fit; defined restrictions require serious endangerment

Scope, exceptions and safeguards

Child's voice / age rule

none

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Irreconcilable differences causing irretrievable breakdown, with reconciliation efforts failed or impracticable and further attempts contrary to the family’s best interests.

Authority

750 ILCS 5/401

Grounds without a misconduct showing

Irreconcilable differences causing irretrievable breakdown, with reconciliation efforts failed or impracticable and further attempts contrary to the family’s best interests.

Other grounds and proof conditions

No additional divorce grounds in § 401.

Separation

Six months apart creates an irrebuttable presumption. It is not a compulsory separation period for every divorce.

Timing

none in § 401

Relief without dissolution

Yes, § 402

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Statutory relocation factors. On the moving parent. 60 days; exceptions apply.

Authority

750 ILCS 5/609.2, 5/600(g)

Court test

statutory relocation factors

Burden classification

burden on the relocating parent

Notice classification

yes

Trigger classification

mileage threshold

Effect of silence

no (consent or court order required)

What the court weighs

The court modifies the parenting plan or allocation judgment according to the child's best interests, considering eleven factors in § 609.2(g): reasons for the relocation. Reasons for the objection. The history and quality of each parent's relationship, including any substantial failure to exercise allocated responsibilities. Educational opportunities at each location. Extended family at each location. Anticipated impact on the child. Whether a reasonable allocation of responsibilities is possible after the move. The child's wishes. Possible arrangements for exercising parental responsibilities. Minimizing impairment to the parent-child relationship. And other relevant factors. Best interests are paramount (Fatkin, 2019).

Who carries the burden

On the parent seeking to relocate, by a preponderance of the evidence. The burdens of production and persuasion both stay with the petitioner. Although § 609.2 dropped the old removal statute's express burden language, In re Marriage of Levites, 2021 IL App (2d) 200552, held that § 609.2(f) implies the burden rests on the relocating parent. Kenney (2023) and Burmood (2023) follow, and Eckert (1988) is the pre-2016 source. No shift.

Notice and safety exceptions

Yes. Written notice to the other parent under the parenting plan or allocation judgment, with a copy filed with the circuit clerk, at least 60 days before the move, unless that is impracticable (then the earliest practicable date) or the court orders otherwise. The notice must state the intended date, the new address if known, and the expected length if not permanent (§ 609.2(c)-(d)). The court may waive or seal information where there is a history of domestic violence. Failing to comply without good cause may count against the mover's good faith and may support an award of fees (§ 609.2(d)).

Which moves trigger the rule

§ 600(g): a change of the child's primary residence (1) from Cook, DuPage, Kane, Lake, McHenry or Will County to an in-state residence more than 25 miles away. (2) from any other county to an in-state residence more than 50 miles away. Or (3) to a residence outside Illinois more than 25 miles away, measured by an internet mapping service over surface roads, using the shortest route. Only a parent with a majority of parenting time, or equal parenting time, may seek to relocate with the child (§ 609.2(b)).

Objections and the effect of silence

If the nonrelocating parent signs the notice and the relocating parent files it, relocation is allowed without further court action (§ 609.2(e)). If the other parent objects or does not sign, or the parents cannot agree on modification, the relocating parent must petition for permission (§ 609.2(f)). No fixed objection deadline. Silence does not authorize the move.

The modification threshold

Yes. § 609.2(a): a parent's relocation constitutes a substantial change in circumstances for purposes of § 610.5.

Other qualifications

Mileage triggers depend on the county: 25 miles in Cook and the five collar counties, 50 miles elsewhere, and 25 miles for any move out of state. Only the parent with majority or equal parenting time may petition to relocate at all.

Burden summary

On the moving parent

Notice summary

60 days; exceptions apply

Trigger summary

25 or 50 miles in state by county, or out of state more than 25 miles

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