Relocation and Child Custody

 Posted on February 23, 2016 in Child Custody

Previously, if a custodial parent wanted to relocate out of Illinois with his or her child, he or she needed to obtain an Order of Removal from the court to be able to do so. This came after the court examined the situation fully, seeking answers to issues like whether the move would provide a better quality of life for the child, whether the child could continue to maintain a relationship with his or her other parent after the move, and whether moving out of Illinois was, in fact, necessary for the parent and child to change their lives for the better. The only exception to such examinations were cases where the child's other parent approved of the move in writing. Moving within Illinois was not regulated by the court at all.

But since the changes to the Illinois Marriage and Dissolution of Marriage Act went into effect on January 1, 2016, the rules are different for parents who want to move with their children. Now, certain moves within the state do require permission from the court, while some moves out of Illinois do not.

Moves Within Illinois

For parents residing in Cook, DuPage, Lake, McHenry, Will, and Kane Counties, it is now possible to move up to 25 miles from their previous residences with their children without permission from the court or approval from the child's other parent. Parents and their children who reside in any of Illinois' other counties may now move up to 50 miles without notifying the court or the obtaining permission from the child's other parent.

Moves Out of Illinois

Now, parents and their children can move up to 25 miles from their current residence, even into another state, without permission from the court or the child's other parent. This takes into account the fact that there are many cases where a move out of state would actually be closer than a move to many in-state locations, creating less of a disruption to the child's parenting time schedule.

For example, a parent living in Quincy, Illinois may move to a location in Missouri within 25 miles of his or her old home without needing approval from the court or his or her former partner.

Work with a Kane County Family Attorney

When the opportunity to pursue a new job or buy a better home comes along, you naturally want to take that opportunity to better your life and your child's life. Sometimes, we are forced to move for less pleasant reasons, such as having to care for a sick or injured loved one or having to escape from a dangerous or unhealthy situation in Illinois. Whatever your reason for wanting to move, you could face opposition from your child's other parent. Contact our team of experienced Kane County family attorneys at our Illinois law firm today to schedule your free legal consultation with our firm and learn more about how Illinois' current parental relocation laws may apply to your case.

Source:

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=57&GAID=13&DocTypeID=SB&SessionID=88&GA=99