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Substantial changes to the Illinois Marriage and Dissolution of Marriage Act regarding Modification of Custody and Relocation of a minor child in Illinois.


Section 750 ILCS 610.5 controls Modification of parenting responsibilities and time.  Section 610(b) from the previous edition has been repealled and replaced with sections 610(c) and (d).  Now, the court SHALL modify a parenting plan or allocationjudgment when necessary to serve the child's best interests if the court finds, BY A PREPONDERANCE OF THE EVIDENCE, that facts have arisen since the entry of the parenting plan/allocation judgment or if there is a substantial change of circumstances has occurred.  The llegal standard has changed, and modifications requested under sub section (a) did not change.  This section does not apply to modifications made under 603.10 regarding restrictions of parental responsibilities due to Orders of Protections, etc.  Under sub section (d), the Court SHALL SIGN A PARENTAL AGREEMENT FOR MODIFICATION unless it finds it is not in the best interests of the child under section 610.5(d).

The exception to this is under section 610.5(e), which states that the Court MAY modify a parenting plan or allocation judgment without a showing a change of circumstances if it is in the child's best interests AND any of the following are proven:  Modification reflects what parents have been doing for the child for the past 6 months, or Modification constitutes only a minor moification, or Modification is necessary as the agreed parenting plan wouldnot have been approved by the Court in prior proceeding had the Court been aware of certain circumstances when the original Order was entered, or the parties agree to modification.

Attorney's fees can be assessed against a party seeking modification if it is vexatious or constitutes harassment.  Repeat offenders can be barred from filing future filings.


If a party is moving INSIDE Illinois, in Cook, DuPage and Will counties the party may move up to 25 miles from the initial residence.  In all other counties, the party may move up to 50 miles from their initial residence.

If moving OUTSIDE Illinois, a party may relocate within 25 miles from initial residence.

The Notice of Relocation must be provided in writing (unless it is not practical).  If the Notice is signed by the other parent, the Court SHALL enter the relocation order.  If the notice is not signed by the other party, or that party files an objection to the removal, the Court proceeds to a hearing.  There MUST be an affirmative action or the party cannot move.

Illinis retains jurisdiction.

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