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How Far Can’t I Go?

In today’s society, 25 miles is not a far distance. As of January 1, 2016, however, that is the farthest distance you can move your child after a divorce without approval. Under the new Illinois Marriage and Dissolution of Marriage Act, the parent who has residential custody of the child time must notify the other parent of a proposed move if it will cause the child to be relocated either:

  • More than 25 miles from the child’s current home if the child lives in Will, Kane, DuPage, Lake, McHenry, or Cook counties;
  • 50 miles from the child’s current residence within any other county in the State of Illinois; or,
  • More than 25 miles from the child’s current residence to a state other than Illinois.

If the non-relocating parent denies the proposed move, the relocating parent must petition the court for approval. The distance is measured by an internet mapping service such as google maps.

Contact your family law attorney if you are the residential custodian and are anticipating a move.