Removal / Relocation

In general, the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) is to resolve custody disputes by directing the court with “continuing and exclusive jurisdiction” the jurisdiction to modify and enforce custody disputes that may arise between two different states. While each state has its own child custody statutes, the UCCJEA governs which state’s child custody laws will control in the event of a conflict involving a custody or enforcement proceeding where more than one state’s laws might apply. In 2004, Illinois adopted the UCCJEA, along with 48 other states. Massachusetts is the only state that has not adopted the it.

Probably most importantly, the UCCJEA indicates that the child’s “home state” should resolve all custody conflicts. The Act defines the child’s “home state” as “the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period” (emphasis added).

An issue that often arises during or after a divorce or parentage case is the relocation of the children. The parents have separated, and each has their own home and parenting time with the kids. Then, the parent with whom the children reside most of the time (the residential parent) decides that he or she would like to relocate with the kids. Is it permissible? What duties are owed to the other parent? What if the other parent objects?

The law used to distinguish between relocating the children within Illinois and moving out of state. Those distinctions have been eliminated. The term “relocation” is now defined in Section 600 of the Illinois Marriage and Dissolution of Marriage Act as:

A change in residence from the child’s current primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child’s current residence;

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 his or her current residence.

A change of residence from the child’s current primary residence to a residence outside the borders of the State that is more than 25 miles from the current primary residence.

Articles Posted in Removal / Relocation

Emergency Jurisdiction in Illinois for Child Custody Cases – The Basic Concepts

Illinois’ New Rules for Relocating Children In Divorce and Parentage Cases