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

The attitudes of Illinois family law judges about how children should be raised, and their time divided between parents, have changed significantly over the last fifty years or so. Judges used to believe, and rule--almost universally--that children needed to spend…

Recently, the Illinois Appellate court addressed the issue of the date used in determining dissipation as raised by the divorce case In Re Marriage of Sinha. (In re MARRIAGE OF JYOTI SINHA and MUKESHA K. SINHA, 2021 IL App (2d)…

Oftentimes while a family law case is pending, parents will need or want to move with their minor children. The child relocation law in Illinois as of 2021 indicated that you need to seek approval for relocation from the Court…

In Illinois, we have abolished using the term “custody” and now refer to parenting time as the schedule which dictates where the child resides, and when.  Clients often ask whether or not it matters if the child has an opinion…

If you and your spouse are able to reach an agreement on all of the issues of divorce, that is a great start to the process. In an uncontested divorce, once that agreement has been reached, or even before, the…

When parents end their relationship, it's rarely easy especially if there are disagreements over custody. As Chicago child custody attorneys, we're often asked for guidance on what you should bring up in a child custody case to show you are…

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