Anderson & Boback Logo

Moving with a minor child

Published
Categorized as Child Relocation

One issue that is commonly brought up in cases involving young children is the issue of moving away from their current residence. The old law in Illinois used to be that you could not “remove” the minor child from the state of Illinois without permission from the court or a signed agreed order by both parents. However, many parties realized that they could reside in Chicago and then move to Southern Illinois, over 6 hours away, without needing court permission, but moving to Kenosha, Wisconsin from Chicago was not allowed without a court order, despite it being much closer. The law just did not make sense.

The new relocation law is that a minor child cannot move more than twenty-five (25) miles away from their current residence, without court permission in an order or a signed agreed order by both parents. The 25 mile radius allows minor children to move across state lines, so long as the location is twenty-five (25) miles or less away from where they currently reside. However, in those instances, Illinois retains jurisdiction over the matter, despite the minor child moving outside of the state of Illinois. This makes much more sense, because parents no longer have to worry about their minor child moving more than twenty-five (25) miles away from their home. Parties residing in the south suburbs no longer have to worry about their children staying within state lines, but being so far away that travel is burdensome. They also don’t have to worry about not being able to attend extra-curricular activities, due to distance. There are certain exceptions and limitations to this rule, but overall, it makes more sense than its predecessor.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870