What Happens When a Parent Wishes to Move Out of State?

Posted on in Child Custody

relocation, Wheaton family law attorneysIf you currently share custody of children with an ex or are planning to get divorced as a parent, you probably have many questions. Some parents wonder what will happen if they need to move out of state while in a shared custody scenario. Perhaps a job opportunity or new significant other necessitates the move, or maybe the parent wants to be near extended family. Whatever the reason, moving out of state as a parent sharing custody is possible, but there are a few things you should keep in mind.

You Will Need Approval from the Illinois Court System

The Illinois Marriage and Dissolution of Marriage Act specifies the procedure for when a parent wishes to move out of state. Before a parent in a shared custody scenario can relocate a child from Illinois to a new state, he or she must seek court approval. The primary custodial parent is the parent with more parenting time. Many people incorrectly assume that a primary custodian has the authority to move a child at will, but this is not the case. Both the primary guardian of the child as well as the other parent sharing custody are subject to this requirement. The court is tasked with hearing the reasons a parent wants to move as well as determining if relocating the child is in his or her best interest. The burden of proving that the move is in the child’s best interest lies with the parent requesting the relocation.

Factors Considered by Illinois Courts Regarding Out-of-State Relocation

When determining the best interests of a child, Illinois courts will consider numerous factors, including:

  • The probability that the suggested move will enhance the child’s quality of life;
  • The reasons the moving parent is requesting the move/relocation;
  • The motives of the parent who is challenging the move;
  • The current visitation rights of the parent who is not moving; and
  • Whether a fair and reasonable visitation schedule is possible if the move is allowed.

Parental Responsibilities Lawyers Serving DuPage County

Relocating a child can be a complicated process even for married couples. If you are unmarried or planning to divorce and you share custody of a child, the circumstances become even more complex. This is one reason those involved in a child relocation dispute need guidance from an experienced Wheaton family law attorney. Contact one of the highly qualified lawyers at Andrew Cores Family Law Group by calling 630-871-1002 today.



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