If you want to move out of the state of Illinois with your child, and there is a custody order in place, you almost always need permission from a judge first. Sure, you may be able to get out of town without a problem, but skipping this step can lead to more trouble down the road. If you just leave, you can be forced to come back. And it won’t help your case that you split without going through the proper channels. So if you’re planning a move, you need to file a petition for removal. In most cases it’s filed in the state where you live rather than the state to which you’re moving. It’s a good idea to take care of this right away, especially if you anticipate that the other parent is going to object. If the parents do not agree on the move, it can take a year or more to get the issue resolved. If both parents agree, it should be much easier. Although court permission is still needed, a judge will probably approve the move fairly quickly. When a couple is not married, and where paternity has not been established, the father generally cannot prevent the mother from moving out of state with their child. However, if the father later establishes paternity through the courts, he can then object. In this case, the mother would probably have to come back to Illinois to appear in court. As with all custody-related issues, the judge makes his or her decision in the best interest of the child. The judge will consider (1) whether the move will enhance the quality of life of the custodial parent and the child, (2) the motives of the custodial parent in seeking to move, (3) the motives of the non-custodial parent in objecting to the move (basically the judge isn’t going to allow you to move to purposely keep the child away from the other parent), (4) the effect the move will have on the non-custodial parents’ visitation rights, and (5) whether a reasonable and realistic visitation schedule can be created if the move is approved. A judge has quite a bit of leeway in custody issues. The best interest of a child in a particular situation is largely subjective. Make sure you have a plan in place. Be prepared to tell the judge where you and your child are going to live, where you are going to work, where your child is going to attend school, what type of support system you have in the new location – such as having family members nearby, what type of accommodations you plan to make for visitation with the other parent, etc. And if your plans to move are going to be contested, consider hiring an experienced custody attorney to present your case to the judge. Custody attorneys handle these cases all the time. They know what factors tend to matter most and how to best argue your case in court. To learn more visit, Illinois removal of a child.
Article Source: http://www.bizymoms.com/expert-advice
Michael Helfand has been an Illinois attorney since 1997 and is founder of Illinois Child Custody the leading resource for Illinois lawyer referrals and legal guidance.