Removal of children from Illinois occurs when the custodial parent wishes to move to another state with the parties’ children. If there is no agreement between the parents, then the parent wishing to remove the children from Illinois must file a formal Petition with the Court. The standard for removal cases is that the custodial parent (the one wishing to move with the children) must prove that the proposed move is in “the best interests” of the children. The custodial parent, therefore, carries the burden of proving that the move is best for the children. Because removal cases can be very contentious, it is very important that you have an aggressive and dedicated Chicago child custody attorney representing you and your children’s best interests. At Taradash Given, P.C., we zealously represent either party to a removal action and have the experience and dedication necessary to handle your removal case.
As soon as one parent files for a divorce in Illinois, there is an automatic restraining Order which prohibits both parents from removing the children from Illinois. This allows for both parents to be secure that neither will abduct the children.
As stated above, the burden in a removal case is on the parent wishing to relocate out of Illinois with the children. Some of the factors that the court considers are: whether the move will enhance the general quality of life for both the custodial parent and the children; the motive in the parent seeking to move with the children; and the visitation rights of the other parent. In a nutshell, the more involved the noncustodial parent is with the children, the harder it is to remove the children. When removal will substantially impair the noncustodial parent’s time with the children, courts will want to make sure that this does not harm the children. There is no bright line test, however, in deciding if removal of the children from Illinois is in their best interests. Courts look at each situation on a case by case basis. The quantity and quality of interaction between the noncustodial parent and the children is often paramount in deciding removal cases. However, if the proposed move will make the custodial parent’s life better (i.e. new spouse, better job, more money, bigger house, better schools, etc…), then the court may assume that this will make the life of the children better.
Basically, a parent with primary physical custody of the children in Illinois does not need to first obtain permission from the court to relocate within Illinois. However, your parenting agreement or court order may have set reasonable limitations on where the custodial parent can live. For example, it is not uncommon for parenting agreements to state that each parent will reside within a 25 mile radius of one another. You need to work with a competent and skilled attorney to ensure that your rights are protected.
If you are seeking to remove your children from Illinois or if you are attempting to keep your children with you in Illinois, be sure to seek the advice and counsel of a knowledgeable and experienced Chicago child custody lawyer. The family law firm of Taradash Given, P.C. has the skill and experience you need to represent your interests in a removal case. Click here, or call (312) 775-1020 for a free consultation and to speak with a seasoned attorney who can protect your and your children’s rights.