A custodial parent cannot just pick up and move a child out-of-state without approval. According to Illinois statutes (750 ILCS 5/609a), a parent must get court authorization to remove the child from the State. A move is easier to facilitate with the permission of the non-custodial parent, but still must be approved. If you want to move your child out of state, or if you are seeking to block your child’s removal, the services of the experienced child custody attorneys at Mulyk, Laho & Mack, LLC can get you the results you need. We are highly-reputed throughout DuPage County for our successful advocacy for parental and child rights in custody and out-of-state removal cases.
Family Law Attorneys Handling Child Relocation
In out-of-state removal cases, Illinois still retains jurisdiction over the child. The law requires the parent in temporary removal cases to:
- Inform the other parent, or the other parent's attorney of the intent to move;
- Give the address and telephone number where the child may be reached during the period of temporary removal;
- Prove that such a move is in the best interest of the child;
- Provide reasonable security guaranteeing the return of the child; and
- Provide the date on which the child will return.
For a custodial parent to move a minor child out of state on a permanent basis, the permission of the non-custodial parent and the approval of the court must be sought. Most such moves come when a custodial parent is taking another job or getting remarried. The State will examine the motivations of the requesting parent and the objecting parent to make its determination, always guided by the best interest of the child.
A moving parent must:
- File a petition with the court for approval;
- Show no potential harm to the child;
- Prove the move protects the best interest of the child; and
- Accommodate the visitation rights of the non-custodial child.
Contact Mulyk, Laho & Mack, LLC at (630) 852-1100
Mulyk, Laho & Mack can help you with your petition for out-of-state removal, or support your objection to a move that does not support your visitation rights or the best interest of your child. Generally the custodial parent has an advantage in requesting an out-of-state move but convincing arguments can be offered on both sides in a court hearing. Contact child custody attorneys for an initial consultation. We handle cases throughout DuPage County and the surrounding Illinois communities.