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Custody Arrangements and Moving Out of State

Posted on in Child Custody

out of state, moving, Illinois family lawyerDivorce and custody arrangements are difficult enough, but the difficulties may be intensified if one parent decides to relocate out of state after a divorce. The geographical change can present a number of obstacles for parents as they try to foster healthy, meaningful relationships with their children. There may, however, situations in which such a move would, overall, serve the best interests of the child.

Illinois state law requires that the court be notified if a custodial parent is planning on moving out of state. If the non-custodial parent agrees to the move, the court may simply enter a modified custody or visitation order. In other cases, the purpose of the move will be questioned, along with other considerations, before the court will grant approval. Children Need Access to Both Parents In addition to defining rules and regulations about divorce, the Illinois Marriage and Dissolution of Marriage Act also protects the rights of the children. By law, children of divorced parents have rights to access both parents and cultivate relationships with them. This requires children to have contact with both parents, which could become difficult if one parent moves out of state. For this reason, non-custodial parents have the right to object to such moves if they think it will impact their relationship with their child(ren). Court Considerations A custodial parents who wishes to move out of state with his or her child must petition the court to request approval to remove the child from Illinois. The court will review the case thoroughly before making a decision and is expected to consider a variety of factors, including:

  • The requesting parent's reasons for seeking the move;
  • Whether there is opposition from the other parent, and the good faith reasons for the objection;
  • How the move will impact the child’s visitation schedule;
  • How the move could affect the child’s relationship with their other parent;
  • Specifically how the move, if allowed, will improve the life of the child.

By law, the burden of proof in such cases is on the parent seeking the move. The non-custodial parent, however, should also be prepared to offer evidence of his or her nurturing and positive relationship with the child that could be threatened if the petition is granted. Legal Counsel Can Help If you are considering moving out of Illinois and feel a move would be in the best interest of your family, please contact a Naperville child custody attorney today at 630-352-2240. At the Pesce Law Group, P.C. we understand the challenges involved with family law matters and we work hard to mitigate them for our clients.

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