As you might guess, moving with your children away from Illinois following a divorce can be difficult. If your ex-spouse has joint custody or visitation rights, you will need to get approval from a judge before you can move with your children. Fortunately, an experienced Chicago family law firm can help you make the best arguments possible. Here is what you need to know about child removal.
What Is It?
When a court grants custody or visitation rights, it essentially creates a binding contract between you, your ex-spouse, and the state of Illinois. One of the terms of that contract is that the children will live in the state. Courts generally see this requirement as material, as it typically allows children to be relatively close to both parents. A parent who wants to take his or her children out of Illinois, then, must get approval from the court. The process is called child removal.
Why Would Someone Seek Removal?
Parents wish to move out of state for a variety of legitimate reasons. Whether the need involves employment, remarriage, education, or something else, a Chicago family law firm can help you try to convince a judge to allow removal.
What Proof Do Judge’s Require?
Before a judge will approve removal, the petitioning parent must show that moving out of state is in the best interest of the child. In making this determination, the judge will consider several factors. First, the judge will review the other parent’s access. How will removal affect the non-petitioning parent’s ability to see the child? Then, the judge will look at the educational opportunities available to the child in the destination state. Finally, the judge will consider any other factor that bears on the child’s welfare. Certainly, if the non-petitioning parent objects to removal, the judge will also weigh any relevant information he or she offers.
Child removal can be a complicated, difficult process. If you want to pursue a court order allowing for removal or block an ex-spouse from removing your child, you should consider working with a competent Chicago family law firm.
