illinois-custody.com

 

The Law Offices of Brian A. Grady, P.C.
Attorney At Law

Itasca Bank & Trust Building
Second Floor
9 East Irving Park Road
Roselle, IL. 60172
Phone:(630) 351 - 4466
Fax: (630) 894 - 2528
E-Mail: bgrady@illinois-custody.com

 

 

OUT OF STATE REMOVAL / MOVING OUT OF STATE


There are occasions when one parent seeks to move (Remove) the minor child (children) out of State or remove minor child (children) from the State of Illinois (Out of State Removal). In most situations, the parent seeking Out of State Removal or to move out of state with the minor child (children) must request court permission to move (remove) the minor child. The State of Illinois has established a specific statute 750 ILCS 5/609(a) in cases where a parent seeks out of state removal or to move out of State from Illinois with a minor child (children).

750 ILCS 5/609(a), states that a party seeking to remove the minor child (children) or move out of state permanently, must ask for leave of court to remove the child. Further, the burden is on the party seeking to move or remove the child (children)and the court will look at the best interests of the child (children) in making such a determination.

A parent must file a petition to seek Out of State Removal or leave to move out of state with the minor child or children. Each petition will be reviewed by the court on a case by case analysis. There are numerous factors the court must consider in determining whether removal or moving of state ia appropriate. The factors may or may not be given the same amount of weight by the judge and will depend on the particular facts of a case.

Please find below some of the factors the court will consider in determining whether out of state removal or moving out of state with minor child or children is appropriate.

Facts (Factors) in support of Out of State Removal or Moving Out of State with child or children: [as set forth in Re Marriage of Eckert, 119 II2d 316,578 N.E.2d 1041,116 IlI. Dec. 220 (1988)]

- Likelihood the move will enhance the quality of life for both custodial parent and child

- Motive of parent seeking to move or remove the child

- Motives of non-custodial parent fighting the move

- Current visitation schedule

- Whether a realistic and reasonable visitation schedule can be reached if the move is allowed

Some courts may determine that a direct benefit to the custodial parent can indirectly provide a benefit to the child, thus no direct benefit to the child need not be required.

Facts (Factors) against Out of State Removal or Moving Out of State with child or children:

- The effect of said removal on non-custodial parent's time and visitation with the minor child

- Potential harm to child if the move will impair the non-custodial parent's involvement with the child

- Inability to accomplish a reasonable parenting schedule or visitation schedule

- Overall effect of the parent not being in child's life on a day to day basis

The weight given to each unique factor is different in each case and certain factors which may be more important in one case may not outweigh other factors in a separate case. The party seeking to remove the minor child or move out of State of Illinois must demonstrate that the removal is in the best interest of the child (children). Obviously, this can be a difficult burden, but not an impossible one, and should be carefully considered prior to seeking leave to remove or move child or children out of state.