Legal Question in Family Law in Illinois
Rights of Custodial Parent regarding moving child out of state
In a case where a minor child's parents are divorced and the final decree states that they have Joint Custody, but also states that the mother is the ''custodial'' parent and the father is the ''non-custodial'' parent, does the custodial parent have the right to move the minor child out of the state to live without getting the non-custodial parent's permission? Scenario: Custodial mother of female minor child (age 8) has remarried and wants to relocate from Chicago to Arkansas and non-custodial father (also remarried) is adverse to move.
2 Answers from Attorneys
Re: Rights of Custodial Parent regarding moving child out of state
DO NOT move the child if the divorce decree says you cannot which it often does. Also, the court usually must determine whether that decision is in the child's best interests, NOT YOU. Also, because you have JOINT custody, it is likely that the divorce decree refers to any major decisions that may be made concerning the child. You need to go back to the decree and determine what your rights are - I would then petition the court for permission.
Re: Rights of Custodial Parent regarding moving child out of state
A custodial parent may move the child out of state, despite the non-custodial parent's objection, if it is in the best interest of the child. Courts have ruled that moves are in the best interest of the child in several situations (i.e., where living arrangements are improved or where custodial parent or step-parent has better employment, etc.).
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