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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 Divorce

Lombard divorce lawyerA divorce can complete reshape a person’s life. In addition to possibly forcing you to live off a single, your divorce may also create concerns regarding child custody disputes, alimony payments, and the challenges of finding a new place to live.

Separated spouses may live in different states, or one spouse may wish to move out of state after the proceedings. If you or your former spouse plans to leave the state, there are several factors to consider. Depending on the circumstances, it may be necessary to postpone the move.

Moving Before and After Filing for Divorce

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DuPage County family law attorneysFamily courts in Illinois prefer to see both parents cooperating to raise their child following a divorce, separation or breakup. Regardless of the issues between the adults, the child’s needs should always come first. In most cases, however, shared parenting responsibilities do not usually translate into equal parenting time. One parent is typically designated to have primary residential responsibilities, providing a primary physical address for the child to be used for school enrollment and other considerations. If your child lives with your ex more than half of the time, you may be wondering about your rights if your ex decides he or she wants to move out of Illinois.

New Laws Regarding Child Removal

For many years, if a parent subject to a child custody agreement wanted to move out of Illinois, he or she was required to get the permission of the court. Moving a child out of state was referred to as the removal of the child. Last year’s sweeping changes to the Illinois Marriage and Dissolution of Marriage Act, however, eliminated the term “removal”—and “child custody,” incidentally—and created the new legal concept of relocation.

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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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Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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