Removal and Relocation With Children

If you are seeking to move with your child or children to a new location, away from the other parent, you cannot just pack up and leave. You must gain the consent of the other parent or the permission of the court. Moving out of state is called removal and moving within the state is called relocation.

New Laws Governing Removal and Relocation

On January 1, 2016, the Illinois Marriage and Dissolution of Marriage Act changed the rules for removal and relocation in Illinois.

Parents can no longer move within the state without court approval, except in certain circumstances. There are the new rules under the revised statute:

  • Parents who live in Cook County may not move more than 25 miles from their current residence without court approval.
  • Parents who live outside Cook County may move up to 50 miles from their current location without court approval.

If you move without court approval, you could face serious consequences. If you are considering removal or relocation, you should contact the attorneys at Murphy & Dunn, P.C., in Peoria, Illinois.

Our attorneys represent parents on both sides of this issue: the parent having primary custody or primary residence of the child or children who wants to move away and the parent who prefers the current residential situation and objects to the move.

How Relocation and Removal Work in Illinois

There are many reasons a parent may want to move. These include remarriage to another person who lives farther away, a new job, a better climate, extended family reasons, health reasons, school or educational reasons, etc. In today's economy, it is not unusual for a parent to be out of work and forced to explore employment options outside of the immediate area.

The court will review all of the reasons that a parent may want to move and balance those against the other parent's objection to the move. At the end of the day, the Court will need to decide what is in the best interests of the child or children, not just the parents.

The parent who wants to relocate has the burden of proving that the relocation will be in the best interests of the child or children. Removal and relocation cases can be extremely difficult to resolve outside of Court because there is so little room for compromise. That is why you need the experience of the attorneys and lawyers at Murphy & Dunn, P.C. Please call us to schedule your appointment, complete the client intake sheet or call 309-740-9091.