Removal of a Child from Illinois

 Posted on June 12, 2015 in Child Custody

Children of divorce cannot freely travel between states like the children of married parents. Custodial parents who wish to move their child outside of the state, or even remove them temporarily, must get permission from the court first. In addition, the parent must demonstrate to the court that the removal is in the best interests of the child or provide some type of guarantee that the child will return.

Illinois Removal Law

Under 750 ILCS 5/609 of Illinois law, the court may allow any custodial party to remove their child or children from the state of Illinois if it is in the best interests of the child or children. In order to be granted approval, the party seeking removal must show that this is, in fact, in the best interests of the child or children. 

If the removal is only temporary, such as for a vacation or other out-of-state outing, the same section of law provides that before a child is temporarily removed from the state, the removing parent must tell the other parent, or the other parent’s lawyer, of the contact information where the child can be reached during the time of removal, as well as the date when the child will return to Illinois. 

Factors for Consideration

When deciding whether the removal of the child to another state is in their best interests, a judge considers a number of different factors. While not found in codified law, a series of Illinois cases have defined what factors a judge can consider when making his decision about removing the child permanently from the state, which include: 

• The chances that the move will improve the lives of the custodial parent and child;

• The intentions of the parent;

• The intentions of the non-custodial parent;

• The visitation schedule in place currently;

• Whether a visitation schedule can be reached realistically and reasonably;

• The effect of the removal on the non-custodial parent’s visitation schedule with the child or children;

• Any possible harm to the child if the non-custodial parent’s involvement is impaired;

• The inability to craft a parenting schedule or visitation schedule according to the needs of both parents; and

• The general effect of the non-custodial parent not having a presence in the child’s life.

When considering a temporary removal from the state, a judge will look at the interference in the non-custodial parent’s time, the purpose of the removal, and what type of security the custodial parent can guarantee for the child’s return. In addition, a judge will provide all of the necessary information regarding the child’s stay to the non-custodial parent.

Our Experienced Attorneys Can Help

At Davi Law Group, LLC, our experienced DuPage County family law attorneys understand the benefits and detriments that can come from removing a child from the state and we are here to help. If you or someone that you know is having family law issues in Chicago or the western suburbs, please call our office or contact us today for a private and free review of your case.