Articles Posted in Removal / Relocation

An issue that often arises during or after a divorce or parentage case is the relocation of the children.  The parents have separated, and each has their own home and parenting time with the kids.  Then, the parent with whom the children reside most of the time (the residential parent) decides that he or she would like to relocate with the kids. Is it permissible?  What duties are owed to the other parent?  What if the other parent objects?

relocation

The law used to distinguish between relocating the children within Illinois and moving out of state.  Those distinctions have been eliminated.  The term “relocation” is now defined in Section 600 of the Illinois Marriage and Dissolution of Marriage Act as:

 

  1. A change in residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence;

 

  1. A change of residence from the child’s current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from his or her current residence.

 

  1. A change of residence from the child’s current primary residence to a residence outside the borders of the State that is more than 25 miles from the current primary residence.

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