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Tag Archives: Illinois divorce law revisions

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. 

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New changes to the Illinois Marriage and Dissolution of Marriage Act are going to take effect on January 1, 2016.  One of the main changes will have to do with custody and visitation of minor children.  No longer will courts use "joint" or "sole custody".  Instead, the Court will allocate what is going to be called "parental responsibilities."  Parents will also no longer have "visitation" with their children.  Rather, they will have "parenting time". 

With regards to "parental responsibilities" for things such as decisions relating to religion, education or health, one parent will either be solely responsible for making those decisions for the children, or the court can assign (or the parties agree) to have these be divided between both parties.  When making the decision as to the division of parental responsibilities, the Court will still look at the best interests of the minor child. 

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