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Moving with a minor child

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.

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