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Moving a Minor Child Out of State (Part 4)

Moving a Minor Child Out of State (Part 4)

The purpose of this blog, Moving a Minor Child Out of State (Part 4), is to inform the reader as to the procedure and law that dictates when a minor child can be moved out of the state of Illinois after a divorce has been concluded. This affects Palatine divorce, Arlington Heights divorce, Rolling Meadows divorce and all other areas of Illinois.

In any dissolution of marriage proceeding in the State of Illinois, and when there are minor children whose custody is determined as part of the proceeding, the State of Illinois will retain jurisdiction over the minor children. Furthermore, the minor children are to remain in the State of Illinois until such time as the court grants one parent or the other permission to remove the minor children from the State of Illinois. Typically, however, it is the parent who has custody or residential custody or the majority of parental allocation responsibility that must seek permission of the Court to remove the children from the State of Illinois.

In the last blog we began the discussion of what type of move constitutes a “relocation” within the meaning of the amended statutes section 750 ILCS 5/600(g). The second subsection of Section 600(g) states, “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.”

Once again, in this section, the state legislature has considered a move that is once again within the borders of Illinois as a means for triggering the relocation statute. In this subsection, the legislature triggers the relocation statue for a move within the State of Illinois that is more than 50 miles from the child’s primary residence. Also, the child’s primary residence is not Cook county or one of the collar counties that surround Cook County. This section covers moves that may occur within the rest of the State of Illinois to another location within the State of Illinois.

Next we will look at what notice is required to remove the child from the State of Illinois to another state.


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