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.