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Lombard family law attorneysPeople do not stay in one place as often as they once did. With the global economy entirely interconnected and the job market in a seemingly constant state of flux, family moves are more common. However, so are divorces. In Illinois, the laws regarding the allocation of parental responsibilities—formerly called child custody—provide requirements that must be met before children can be moved a significant distance from their current home.

A Child’s “Home State”

For the purposes of parenting plans, a child must have a “home state.” This is the state in which a court would have jurisdiction to decide cases involving the child. Illinois is a child’s home state when (1) that child has lived in Illinois for six months (or since birth, if the child is not six months old yet), and (2) the child has no other home state, and/or the child (or their parent) has significant connections to the state. If a parent intends to move to another state and take their child with them, the child’s home state will change.

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Posted on in Child Custody

relocation, child removal, Kane County Family Law AttorneyA parent with primary physical custody of his or her child in Illinois will soon be subject to more stringent limitations regarding a move to a new residence. The changes are part of a larger family law overhaul passed by the state legislature earlier this year, and signed in July by Governor Bruce Rauner. Scheduled to take effect in 2016, the new amendment looks to address a loophole of sorts that has existed for years in Illinois law that, as of now, gives a custodial parent the freedom to move anywhere in the state without prior approval.

Two-Parent Involvement

Most of the provisions regarding family law in Illinois emphasize the best interests of a child and the positive impact of a healthy relationship with both parents. In almost every situation regarding custody and visitation, a court is required to consider how its decision will affect the parent-child interaction for both the custodial and non-custodial parent.  The current law does address a parent who wishes to move with the child, but only if the move is to a location outside of the state. On in-state moves, the law is silent. This potentially means that a parent could move from northern Chicago nearly 300 miles to East St. Louis, and according the provisions in the law, be entirely within his or her right to do so. The only exception would be if the custody order in force specifically prohibited the move.

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out of state, child removal, Illinois child custody attorneyYou can not be expected to live in Illinois forever. Maybe you will, but it is also possible that an opportunity in another state will arise that you just cannot refuse. Under most circumstances, packing up and moving for such an opportunity is easy. When you have a child subject to a custody agreement, however, it can become much more difficult.

Your child needs to spend time and maintain a relationship with both of his or her parents. The court recognizes these needs and creates child custody agreements around them, allowing both parents time with their child. This is codified in the Illinois Marriage and Dissolution of Marriage Act as it pertains to child custody. If you wish to move out of state with your child, you may face opposition from the other parent. An experienced family attorney can work with you to demonstrate to the court that a move in your child&s best interest.

Opposition to an Interstate Move

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