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IL HB2682

Bill

Status

Introduced

2/23/2009

Primary Sponsor

Bill Mitchell

Click for details

Origin

House of Representatives

96th General Assembly

AI Summary

HB2682 Summary

  • Courts may grant permission for custodial parents or primary residential parents (in joint custody cases) to relocate minor children more than 100 miles from the child's residence at the time of the last custody order, whether inside or outside Illinois, if relocation serves the child's best interests.

  • The party seeking relocation bears the burden of proving the move is in the child's best interest, and must provide written notice to the other parent at least 30 days before the proposed relocation.

  • If the other parent does not object within 21 days of receiving written notice, the relocation is permitted subject to court approval; if an objection is filed, the court must hold an expedited hearing and make express findings of fact.

  • Courts must consider 10 factors when deciding relocation petitions, including distance of move, motives of both parties, visitation rights and feasibility, quality of life enhancement, timing relative to divorce judgment, and any prior written agreements between parties.

  • The law defines "relocation" as a change of residence for 60 days or more and allows courts to require security guaranteeing the child's return; a relocation allowed before final judgment cannot be used as a factor in the court's final decision.

Legislative Description

DISSOL-REMOVE CHILD HUNDRED MI

Last Action

Rule 19(a) / Re-referred to Rules Committee

3/13/2009

Committee Referrals

Rules3/13/2009
Judiciary I - Civil Law3/3/2009
Rules2/24/2009

Full Bill Text

No bill text available