“I was offered a job in Maryland. I want to take our children with me. My spouse objects. If I am awarded Custody why can’t I just leave?”
“My family lives in Florida and I hate the weather in Chicago. I don’t have a job down there yet, but I am sure that my family will help me to get one. My former husband and I have joint custody and our son lives with me. My ex says he won’t object if I waive my claim to child support and cancel the support order. I agree. When can I leave?”
“My daughter is 15 years old and lives with her father. He wants to relocate to Wyoming but she refuses to go. I can’t afford to travel to Wyoming so I am afraid that I will lose contact with my daughter. Will the judge consider her wishes when deciding whether or not removal will be granted?”
Currently, if you are a custodial/residential parent and you wish to relocate out of the State of Illinois with the minor children, you must ask the court for leave/permission to relocate. A long line of cases establish the factors that the court will consider in determining whether or not it is in a child’s best interests to be removed from the State of Illinois. If the other parent agrees to the relocation and a suitable visitation schedule is established, the likelihood of obtaining permission to relocate is very good. However if the other parent objects, lengthy litigation may ensue that jeopardizes your ability to relocate or the desirability of relocating. Removal cases are often hard fought because the stakes are so high. The pending legislation addresses the issue of removal and we will likely see some significant changes to the law in this area. Should you wish to relocate out of state with your children, you can contact Julie to discuss your particular circumstances, your burden of proof, what type of evidence or documentation is necessary to reflect that the relocation is in the children’s best interests and what type of evidence will establish that the move will benefit you.