Legal Question in Family Law in Illinois

Re: Visitaion

You have the right to move. However, the father also has a right to enforce the existing visitation formula until the court modifies his visitation either by agreement of the parties or following a contested hearing. Your motives in relocating appear to be genuine and unrelated to the father's exercise of visitation; that should help in convincing the court to eliminate the weekday visits. However, you should propose alternate make-up visits such as extended time in the summer months.

Re: Visitation

I see that other lawyers have answered your question. Their advice is sound. Please permit me to add:

Illinois law (750 ILCS 5/609) provides in part: �Leave to Remove Children. (a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.�

Although this statute appears in the Marriage and Dissolution of Marriage Act, it ordinary applies in post-paternity proceedings in the same way as it would in post-dissolution proceedings.

If you are moving within the State of Illinois and have sole custody, you are entitled to do so, but you should expect that new provisions for visitation will have to be considered. If petitioned by the father for such relief (new provisions for visitation), the court will likely grant modification of visitation based upon a change of circumstances.

Re: Visitaion

You should review your custody/divorce decree carefully to see what your restrictions are. A modification can be requested to reflect the fact that you will be living further away and this may be the best option so that there is no confusion. It should not be a problem for you to move, however, a Court would probably adjust the father's visitation to reflect the changes. If your move involves leaving the state, you will probably have to go back to the Court to ensure you comply with your original decree.