When it comes to removal, is the threshold shifting in Illinois?

Modern Family

By Andrea K. Muchin

Andrea K. Muchin is a partner of Schiller, DuCanto & Fleck LLP whose practice concentrates on resolving complex family law and divorce cases — both through settlement and litigation. Muchin focuses on the custodial needs of wealthy individuals and the complex financial issues regarding their estates and business interests. She can be reached at amuchin@sdflaw.com.

Posted November 24, 2014 2:41 PM

While married parents are free to move wherever they want with their children, the same freedom is not available to divorced custodial parents. In fact, absent agreement of both parents, a custodial parent who is divorced or going through a divorce must get the court’s permission to move out of state with their children, commonly referred to as “removal.” Section 609 of the Illinois Marriage and Dissolution of Marriage Act addresses this issue, in relevant part, as follows: “A court may …

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