Relocation of Children with the New Illinois Law

The year 2016 brought about some striking changes to Illinois child custody laws with revisions to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). Some of these revisions include removal of the term custody in favor of allocation of parental responsibilities, the introduction of decision-making responsibilities, the re-categorization of important decisions parents make in their child's life, and significant changes to what happens when a custodial parent chooses to move residences.

This article will be focusing primarily on moving and relocation. But to offer a short summary, Senate Bill 57 went into effect on January 1, 2016, officially changing custody laws in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) for the first time in many years.  

Old Illinois Child Custody Law

Illinois Law Regarding Relocation of Children

Old Illinois Child Relocation Law

• The potential of the move to positively impact the quality of life for the child and custodial parent
• The likelihood of establishing a reasonable visitation schedule
• Whether the custodial parent remarries in another state
• The job opportunities available to the custodial parent in the new state
• The motives of either parent in seeking to move or objecting to the move

New Illinois Child Relocation Law

• “a change of residence from the child's current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child's current residence”
• “a change of residence from the child's current primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child's current primary residence; or”
• “a change of residence from the child's current primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence.”

Relocation of Children Across State Lines

Written Notice of Relocation

• The anticipated date of the move
• The address of the new residence
• If the move is not permanent, the length of stay