Taking a Child Out
of State During and After a Divorce
Before a court order is in effect in a divorce, both parents in a
marriage have equal rights to child custody. When the parents decide to get a
divorce, the issue of child custody is very important, and parents may even
agree and petition the court for joint custody. However, some parents may petition the court
for sole custody of the child.
Regardless of a court awarding sole vs. joint custody, each parent will
be awarded a parenting schedule, unless it would be detrimental to the child.
In some cases, one parent may get an opportunity to move from
Illinois (say, for a new job opportunity), and may want to move with the child.
Because this would interfere with the other parent’s parenting schedule, the
other parent often decides to challenge the move in court.
Permanent Moves
A parent seeking to move to another state with a child must seek court approval for the move, unless there is already an order stating otherwise. As with most matters concerning children, the
court will grant or deny permission for a move out of state after considering
the best interests of the child. The parent who wants to move has the burden of providing evidence to the court showing the move is in the child’s
best interests.
Some of the factors the judge will consider in arriving at a decision on the child’s
best interest include:
- The likelihood that the move will enhance the general quality of life for both the custodial parent and the children.
- The motives of the custodial parent in seeking the move - if the parent is moving to avoid the other parent’s visitation rights.
- The motives of the noncustodial parent in resisting the removal.
- How the other parent will be able to exercise visitation rights, and whether a realistic and reasonable visitation schedule can be reached if the move is allowed.
- How the child will be affected by the move away from the non-custodial parent.
Temporary Stays
For vacations and other trips, almost all Custody Judgments
include language allowing each party to temporarily take the children out of
state during a parent’s time for vacations, and no new court order is
needed. Nevertheless, the parent must inform the other parent or the other parent’s attorney
of the trip, provide contact information for the place the child will be during
the out-of-state visit, and also inform the parent of when the child will
return. A parent should not try to take a child out of state to file for
custody in another state. Illinois courts will still retain jurisdiction over the child no
matter what state they are in during this temporary visit.
Contact a Chicago Attorney
If you have a custody order in place and the other parent is trying to permanently remove the child from Illinois, and you are opposed to this move, contact the family law attorneys at M. Scott Gordon & Associates for a consultation in your case.
Skokie, IL office: 847-329-0101
Chicago, IL Office: 312-360-0250
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