New Illinois Divorce Laws – Removal and Relocation

Illinois divorce laws have changed, now allowing parents to move with their minor child across state lines without the Court’s permission, with one catch: the move must not be more than 25 miles away from the minor child’s current residence, depending on the County in which you live. Beginning on January 1, 2016 the Courts have adopted new guidelines as to relocation (formally known as “removal”) of a minor child from their current residence.

(g) “Relocation” means: (1) a change of 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;

(2) 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 the child’s current primary residence; or

(3) a change of residence from the child’s current

primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence.

Under the new law, for example, a parent who lives in Zion, Illinois (Lake County) can move to Kenosha, Wisconsin because this distance is only 11 miles away from Zion. However that same parent cannot move to Chicago, Illinois without agreement or without leave from the Court because the distance is about 47 miles from Zion.

If the minor child currently does not reside in Cook, DuPage, Kane, Lake, McHenry, or Will County, then the distance to relocate without Court intervention is expanded to a 50 mile radius.

-SW

For more information on relocation of your minor child or other changes to Illinois Divorce laws, contact Gauthier Family Law at 847-327-0898.