(750 ILCS 65/16) (from Ch. 40, par. 1016)

(Text of Section before amendment by P.A. 104-40)

Sec. 16. Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if he abandons her, she is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct.

(Source: R.S. 1874, p. 576.)

(Text of Section after amendment by P.A. 104-40)

Sec. 16. Neither spouse can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if one spouse abandons the other, the abandoned spouse is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct.

(Source: P.A. 104-40, eff. 1-1-26.)