Custody in Illinois

State courts are in charge of custody battles for their residents, each with their own laws and guidelines. One standard for all states, however, is that the best interests of the child will come first when determining custody.

Even after custody has been determined and a schedule has been set for visitation, questions may arise long after the hearing. Often, these questions involve the parent who has custody and the child moving away from the noncustodial parent.

According to Illinois law, the custodial parent must have a court order before permanently moving out of state away from the noncustodial parent. The parent that wishes to move must prove to the courts that the move is best for the child.

If you wish to move your child out of Illinois, these are the factors that will be considered to grant you a court order to do so:

  • Is your attempt to move merely to upset your ex-spouse?
  • Will the move improve your child's and your own quality of life?
  • What will the new visitation rights be for the noncustodial parent?
  • Can a new visitation schedule be conjured that is still reasonable?
  • Why does the noncustodial parent not want the move to happen?

Reasons such as job opportunities, housing type, child activities, and an a excellent school and neighborhood, along with a thought-out plan to keep the child in touch with his or her other parent will also be considered when attempting to relocate your child to another state.

On the other hand, if you only wish to move within the state of Illinois, you may do so without a court order unless you have a previous agreement that states otherwise. Although you are not legally obligated to stay near your child's other parent, it will disrupt his or her relationship with that parent and could potentially lead to a new custody battle for you.

Be sure to think long and hard before uprooting your child and moving him or her away from the noncustodial parent. If you believe it is the right thing to do, however, contact a family law attorney for assistance on how to go about it to keep your custody arrangement safe. Attorneys at Roscich & Martel Law Firm in Naperville, Ill. can help you today.

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