New Changes to Illinois Divorce Law - Part II

 Posted on October 29, 2015 in Divorce

Another change coming to the Illinois Marriage and Dissolution of Marriage Act centers around removal of a minor child. Current restrictions are imposed only on a custodial parent seeking to remove the permanent residence of a minor child out of the State of Illinois. However, as of January 1, 2016, parties seeking to remove the residence of their minor child(ren) will need permission from the court (or an agreement from their former partner) to move more than 25 miles from their current residence if residing in Cook, DuPage, Kane, Lake, McHenry, and Will Counties, or more than 50 miles from their current residence if residing in any other county in Illinois. 

Since there will no longer be a "residential parent," these new relocation provisions apply to the parent who has been allocated a majority of parenting time or equal parenting time. One benefit to this revision is that a parent who lives close to the border of a neighboring state will no longer have to obtain court approval to remove their child's permanent residence to the neighboring state if the new residence is within the 25 or 50 mile radius. 

Not only have the requirements changed, a notice procedure has been implemented in an attempt to limit litigation for those parties who are not disputing the move. The parent requesting the move must notify the other parent in writing and file the notice with the clerk's office at least 60 days prior to the proposed move. If the other parent agrees, they must sign the notice in agreement and no further court proceedings are required. If they object, the party requesting the move must file a removal petition, just as they have to under the current law. 

If you are a custodial parent planning on moving your permanent residence, these new restrictions may benefit you or negatively affect your move. It is important that you consult with an experienced family law attorney to discuss your proposed move and whether it is best for you to file for removal before or after these new revisions take effect. Contact J. Aldrich Law, P.C. for a free consultation.