Removal of a Minor Child from the State of Illinois

Whether in a divorce proceeding or in a parentage action, the parent with whom the child resides on a daily basis (residential custody) may want to move to another state. Under Illinois law 750 ILCS (Illinois Compiled Statutes) 5/609, a party having residential custody of the minor children must obtain permission of the court to move to another state.

If the custodial parent wants to move within the state of Illinois, that parent does not have to seek court permission to move. If the custodial parent moves to another location within Illinois, then the other parent (non-custodial) parent will have to go to court and obtain a new visitation schedule if a custodial parent has moved a long distance making the existing visitation schedule not appropriate.

There are two major Illinois Supreme Court decisions that define the current law in Illinois on the issue of removal: In Re Marriage of Echert, 518 N.E.2d 1041 (1988) and In Re Marriage of Collingbourne, 791 N.E.2d 532 (2003).

The primary issue that courts are trying to decide in removal cases is whether the contemplated move by the custodial parent is in the best interest of the child

The primary factors that courts consider in deciding whether to grant the request to remove the child to another state are as follows:

1. The likelihood that the proposed move will enhance the quality of life for both the parent and child;
2. The motives of the noncustodial parent in resisting removal;
3. The existing visitation schedule between the noncustodial parent and the minor child; and
4. Whether the visitation schedule can be reached if removal is allowed that will foster the relationship between the minor child and the noncustodial parent.

The decision by the court is not limited to those facts.

The burden of proving that removal is in the best interests of the child is on the parent seeking removal.

For any questions or concerns, please feel free to contact the law office of Arlington Heights attorney Robert S. Thomas. 

LAW OFFICE OF ROBERT S THOMAS

1655 N Arlington Heights Rd, Suite 300West

Arlington Heights IL 60004

847-392-5893 phone
info@attorneyrobertthomas.com

Se Habla Español