Understanding the Changes to Parental Relocation Laws in Illinois

 Posted on February 03, 2016 in Family Law

With all the changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2016, parents may be concerned as to how their lives and the lives of their children may be impacted. Rest assured in knowing that most amendments in Senate Bill 57 are meant to better define what is in the “best interest” of minor children and that the courts still want to provide reasonable liberties to parents. Revisions made to the Illinois parental relocation laws (laws that govern a parent’s right to relocate after divorce) serves as a prime example.

Old Parental Relocation Laws

Before the implementation of Senate Bill 57, parents would need to obtain permission from the court to move outside of the state of Illinois (otherwise known as an "Order of Removal"). This applied, even in areas that bordered along the state line, and it created a two-prong problem. First, parents who wished to move only a handful of miles had to prove that moving out of state was in the best interest of the child. Secondly, parents could move anywhere within the state’s borders, and that sometimes far exceeded a reasonable distance from the other parent.

New Parental Relocation Guidelines

To address both issues, Senate Bill 57 completely changed the requirements regarding when and if parents needed to submit an Order of Removal by implementing a distance-based parameter. Parents who reside in Cook, DuPage, Kane, Lake, McHenry, and Will Counties are permitted to move up to 25 miles without having to file for permission. Parents in all other counties may move up to 50 miles. This distance extends past the state border, so long as the parent is not moving further than the pre-set distance from their original place of residence.

It should be noted, however, that one further provision has been added to the parental relocation laws under Senate Bill 57. Parents must now provide written notice of relocation to the other parent. If they do not object, then the move may proceed without issue. If, however, the non-moving parent objects, the matter must be taken to the court to determine if the relocation is considered to be in the best interest of the child. The court would then have the final say on whether or not the move could take place.

Get Quality Help During Your Divorce

Even prior to the new changes to Illinois family law, divorce and parenting issues were (and remain) complex. As such, parents should seek qualified and experienced assistance during the process of divorce or relocation. The DuPage County divorce and family law attorneys at Mevorah & Giglio Law Offices can help by providing you with committed, dedicated, and experienced representation. Schedule your free initial consultation to learn more. Call 630-932-9100 today.

Source:

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