Can I remove my child
out-of-state?
By: Karen J. BowesThe short answer is probably not without the agreement of your former
spouse or court approval. If you and your spouse divorce in Illinois, this State
retains jurisdiction to enforce or modify your Judgment. If you desire to move to
another state with your child, your former spouse must consent or you must petition the
court to do so.
If your former spouse does not consent, it is your burden to show that the removal is
in your child's best interest. The court will consider your motives for the move
(are you leaving for better opportunities or merely to frustrate ordinary visitation), and
whether the proposed move would result in the enhancement of the child's (and yours)
general quality of life. The court will also examine the non-custodial parent's
reasons for opposing the move. The court will consider the impact of the move upon
the non-custodial parent's visitation rights and, how a reasonable visitation schedule can
be achieved.
Simply remarrying a person outside of this state does not guarantee that the judge will
grant your removal petition. You may have to show that your child will be spending
more time with you (working less hours or not having to work) and an improvement to your
quality of life, which indirectly may benefit your child.
If removal is allowed, your former spouse's visitation time will need to be
re-adjusted. Frequently, the former spouse receives extended periods of time with
the child although the frequency of visits decreases.
You may end up paying the transportation costs for your child to visit with the
non-custodial parent since you were allowed to remove the child from Illinois.
Depending on the totality of circumstances, child support paid by the non-custodial parent
may be adjusted to cover transportation costs.
If, during the course of your divorce proceedings, you find yourself in a situation
where you anticipate moving after the divorce is final (new job or new spouse), it may be
best to tackle the removal issue while the divorce case is pending. You may save
yourself the aggravation and cost of beginning a new case soon after the divorce has
ended, and, you may be able to more easily negotiate the move and resulting visitation
schedule before the establishment of a visitation schedule when both parties are local.
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