It’s a reasonable idea. You have custody of your child, and a job opportunity opens up in St. Louis, just a few miles away. So you move. Is there a problem with doing this?
Yes, there is. Illinois law forbids parents who have physical custody of a child from moving to another state without approval from the court. If you have already done so – even if you have signed a lease and started working at the new job – the court may order you to return to your original location, with the child, until the matter can be adjudicated. As you can imagine, such an order would be very expensive.
The Problem Of Unilateral Relocation
The court does not like to see its custody orders disobeyed. The court also does not like the idea of enforcing compliance across state lines. This is why it’s never a good idea to remove a child without going through legal channels.
Child Removal In St. Clair County Is An Option
Today’s families are constantly moving and changing. When a custodial parent intends to move out of state, legal considerations arise.
Illinois courts consider five factors when determining if a custodial parent can remove a child from the state:
- The degree to which moving out of state will enhance both the custodial parent’s and the child’s general quality of life.
- Whether the custodial parent’s motives for seeking to move are legitimate or intended to prevent visitation or make visitation more difficult
- The non-custodial parent’s motives in resisting the proposed removal
- Whether the proposed move is in the best interest of the child, especially in light of the child’s interest in having healthy and close relationships with both parents
- Whether it would be possible to implement a realistic and reasonable visitation schedule following the proposed move
Whether you are a custodial parent seeking to leave Illinois, or a non-custodial parent seeking to prevent your child from being removed, our law firm will work for your interests.
Illinois Child Relocation Lawyers
At Johnson, Johnson, & Nolan, Attorneys at Law, we represent both sides in cases of child removal, also known as relocation or move-aways. We represent:
- Custodial parents who believe they had good reasons for moving away but failed to get permission from the court
- Custodial parents who intend to move away and want to do it the right way
- Noncustodial parents who fear they will lose all access to their child, and understandably wish to prevent the move-away
If you are in any of these situations, you want a law firm that knows child removal law in Illinois, that has experience and a successful track record in this area. In Southern Illinois, you want Johnson, Johnson, & Nolan, Attorneys at Law. We invite you to call and tell us your story.
Concerned about child relocation issues? Call the Belleville removal defense lawyers at Johnson, Johnson, & Nolan, Attorneys at Law at 618-207-4137, toll free 888-628-8977, or write us using this online form.