Moving Out of State With Your Child

 Posted on April 23, 2015 in Child Custody

You can not be expected to live in Illinois forever. Maybe you will, but it is also possible that an opportunity in another state will arise that you just cannot refuse. Under most circumstances, packing up and moving for such an opportunity is easy. When you have a child subject to a custody agreement, however, it can become much more difficult.

Your child needs to spend time and maintain a relationship with both of his or her parents. The court recognizes these needs and creates child custody agreements around them, allowing both parents time with their child. This is codified in the Illinois Marriage and Dissolution of Marriage Act as it pertains to child custody. If you wish to move out of state with your child, you may face opposition from the other parent. An experienced family attorney can work with you to demonstrate to the court that a move in your child&s best interest.

Opposition to an Interstate Move

To move out of state with your child, you must receive permission from a judge. Permission is granted through a document known as an Order of Removal. If the other parent opposes the move, he or she may appear in court to fight the removal. You will need to prove to the court that your move is in your child&s best interest by demonstrating the following:

• The child&s life will be significantly improved by the move;
• The child will be able to maintain a relationship with his or her other parent following the move; and
• Staying in Illinois may harm or stymie the child&s life in some way

Some examples of valid reasons to move a child out of state include:

• The custodial parent received a job offer or other opportunity that provides a substantially better income or quality of life than he or she currently experiences;
• The child suffers an illness or injury that is better or more effectively treated out of state on a permanent basis; and
• The child is currently in an unsafe situation in Illinois and must be moved for health or safety reasons.

In cases in which the parents can agree on an out-of-state move, a court order officially recognizing the agreement may still be necessary. This can be preempted by an explicit clause in the original child custody agreement, which grants permission for either parent to move out of Illinois without opposition.

Family Attorneys in Illinois

Moving out of state can be a difficult transition in a child&s life, but it can sometimes be for the best. Contact an experienced child custody attorney in Kane County at A. Traub & Associates to discuss the impact your move may have on your child. Our compassionate team will help you develop the best approach to navigate the legal system and help make your move a possibility.