Legal Question in Family Law in Illinois

Re: moving out of state law

First, she MUST get a court's approval to re-locate so keep that in mind and don't miss any court dates. Second, as to how a court decides these so-called "removal" cases they balance factors mainly being your relationship with the kids, best interests of the kids comparing where they are now versus the potential new location, and the impact on the custodial parent. In my experience, the key factor is the non-custodial parent's relationship with the children. If he or she is very involved and seeing the kids all the time, then it's a tough case to win for the custodial parent because court's don't want to break-up families.

Re: moving out of state law

You do not have to allow her to move. If you say no, then she is required to file a petition for removal. The key is that you cannot allow her to move without a fight. If she just moves without a court order, you must immediately file the appropriate petition to force her back to IL. Let me know if you have any more questions.