Legal Question in Family Law in Illinois

Re: Ex has already moved, can I move too?

This communication and response is not intended as and should not be construed or understood to be legal advice. The response stated below is intended solely as a general discussion and/or forum of legal principles. You should not rely on or take action based on this response without first presenting ALL relevant details and facts to a competent attorney in your jurisdiction and then receiving that attorney's individualized advice for you. By reading the response or reply to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. DO NOT READ ANY FURTHER IF YOU DO NOT AGREE.

A child may not be removed permanently from the state without a court order. Removal must be proved to be in the best interests of the child, not merely for the custodial parent's convenience. A court will consider the following factors in determining whether a proposed removal is in the best interests of the child:

(1) the likelihood that the move will enhance the general quality of life for both the custodial parent and the child (2)the motives of the custodial parent in seeking the move to determine whether the removal is merely a ruse intended to defeat or frustrate visitation (3)the motives of the noncustodial parent in resisting the removal (4)

the visitation rights of the noncustodial parent; and (5)

whether a realistic and reasonable visitation schedule can be reached if the move is allowed.

Removal will not be permitted unless the parent seeking it provides thorough evidence comparing the benefits of the move for the child against the benefits of staying in Illinois. Such issues as the type of housing, job opportunities, excellence of neighborhood and school, activities for the child, and a well-considered plan to keep the child in touch with the left-behind parent must be addressed.

I hope this helps, you can contact me via e-mail with any further questions at [email protected].