According to the United States Census Bureau, there were about 28.2 million people who moved in 2022. Family-related reasons were the second most common, behind housing. About 6% of movers cited a change in marital status, a category that includes marriage as well as divorce. Family changes move people. What they do not do is move them freely, not once a child and a parenting order sit in the picture.

In some situations, parents find job opportunities three states away and may view relocating as a simple logistics issue. The courts across states look at these cases differently. Illinois treats a relocation, as it defines one, as a substantial change in circumstances. Meanwhile, Washington handles objections through its relocation criteria. In either case, the decision of one parent to move often makes any existing parenting plan hard to follow, prompting a petition to modify it.

So can a parent move with their child if they share custody? Many jurisdictions require that a parent who wishes to relocate with their child give advance notice to the other parent as well as file the intention with the court. An agreement between the parents usually keeps the case simple. For parents that disagree on the child relocation, a judge determines if the move is in the child’s best interest. The child relocation procedures and evaluation factors differ by state.

Distance Is Not the Only Trigger

States define relocation differently, so distance is not the only trigger. Illinois draws a mileage line, which is more than 25 miles from the child’s primary residence for a child living in Will County and more than 50 miles in other counties. Washington counts any change in the child’s principal residence, whether permanent or for a protracted period.

Because the rules sit at the state level, so does the useful guidance. In Illinois, a parent whose child lives in Will County can ask a Joliet family law attorney whether a planned move counts as a relocation, since an in-state move of more than 25 miles from the child’s primary residence does.

What Courts Actually Weigh

The “best interests of the child” may seem vague. In Washington, the law names eleven things for the court to take into account, and a move is presumed to be allowed. An objecting parent must demonstrate that the potential harm outweighs the potential benefit. Courts consider the parent-child relationships and preexisting arrangements as well as the child’s age, developmental needs, and ways to keep the child connected.

Two other factors receive too little attention. One is good faith, which looks at why each parent wants or resists the move. The other is feasibility, which asks whether it would be feasible and desirable for the objecting parent to move too.

The Presumption That Cuts Both Ways

Washington law sets a rebuttable presumption that the intended relocation of the child will be permitted. The objecting parent carries the work of overcoming it.

Then lawmakers carved out the middle. Since 2019, the presumption no longer applies if the parent proposing the move has substantially equal residential time, which the statute says includes 45% or more of the residential schedule with each parent. Next, the court considers these same elements without any presumption.

Because of the 45% line, the outcome can depend on how the residential schedule was originally written.

Notice Comes Before the Truck

Before relocating, parents often have to follow set procedures. Some state laws require advance notice to the other parent before a move with the child. If there is a court order, the other parent’s consent or the court’s approval may be required before the move. In many states, if the other parent disagrees with the relocation, the move has to wait for a court order.

Timing is essential since there may be many competing dates to keep in mind, such as the first day of school, a start date of employment, or a lease expiration date. Notice of intended relocation and any objection to it must meet specified deadlines. For example, Washington law requires that objections to a notice of relocation be filed and served within thirty days of the date on which the objecting parent receives the notice of relocation.

Even when a parent has a good reason to relocate, the parent must still follow the law. Notice, and where applicable consent or court approval, are legal requirements, and ignoring them can have consequences. In Washington, for example, failing to give the required notice is grounds for sanctions, including contempt where it applies.

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