Stillbeautiful40 said:
I live in Illinois, and have an oppurtunity to move to California. My kids want to, and so do I, but I am unable to find anything in Illinois family laws that tell me what I have to do. I have sole legal custody of my chldren, my ex has 'reasonable and seasonable' visitation rights. He doesn't see them much and he doesn't really care about them either and they know this. What do I have to do to make the move? Where can I get this information.
Thank you for your help.
My response:
Relocating
REMOVAL FROM ILLINOIS
Under Illinois law, in determining whether a child can be removed from the state, Illinois courts apply what is known as "the best interests of the child" standard of care. 750 ILL. COMP. STAT. 5/609 (West 1996). Illinois courts do not favor the removal of a child because it disrupts the noncustodial parent's visitation and involvement with the child. Muller Davis, The Illinois Practice of Family Law, 306 (West 1996) (citing In re Marriage of Davis, 229 Ill. App. 3d 653, 660 (4th Dist. 1992). Also, although Illinois courts do retain jurisdiction over a minor child when the child is outside the state, Illinois courts still frown upon the removal of a child because it make it more difficult for the courts to exercise their jurisdiction over the child and parent outside of the state. Id.
FACTORS WHICH WARRANT REMOVAL FROM ILLINOIS
According to Illinois courts, the following factors should be considered in determining whether the best interests of the child are being satisfied regarding a proposed removal. Id.
The court should consider the proposed move in terms of likelihood for enhancing the general quality of life for both the custodial parent and the children. The court should also consider the motives of the custodial parent in seeking the move to determine whether the removal is merely a ruse intended to defeat or frustrate visitation. Similarly, the court should consider the motives of the noncustodial parent in resisting the removal. It is also in the best interests of a child to have a healthy and close relationship with both parents, as well as other family members. Therefore, the visitation rights of the noncustodial parent should be carefully considered. Another factor is whether, in a given case, a realistic and reasonable visitation schedule can be reached if the move is allowed. Davis. Supra at 307 (citing In re Marriage of Eckert, 119 Ill. 2d 316, 327-28 (1988)).
Illinois courts may also consider the enhancement of a noncustodial parent’s life which may result from a move outside of Illinois, but only insofar it also enhances the life of the child. Davis, supra at 308. Illinois courts have reasoned that if a proposed move would enhance the life of the custodial parent, then the life of the child may also indirectly be enhances. Accordingly, such a move may be in the best interests of the child. Id. According to the 4th District Court of Appeals, the benefits that the child may derive from the financial and emotional well-being of the custodial parent is to be considered. Id. (citing In re Marriage of Eaton, 269 Ill. App. 3d 507 (1995)). Furthermore, the court declared that the best interests of the child cannot be fully determined unless the best interests of the custodial parent are also considered. Id.
Illinois courts are split as to whether a parent may remove a child from the state when the custodial parent remarries a person residing or living in another state. Davis, supra at 308. When the custodial parent is directly benefited from increased time with the new spouse, Illinois courts may allow removal, based on the reasoning that the child may also benefit indirectly. Davis, supra at 308 (citing In re Marriage of Taylor, 202 Ill. App. 3d 740 (3d. Dist. 1990)). This, however, is not the majority rule, and many other courts in Illinois believe that the custodial parent is required to show more than just increased happiness in order to prove that a child’s best interests will be served by removal. Davis, supra at 309 (citing In re Marriage of Berk, 215 Ill. App. 3d 459, 466-67 (2d Dist. 1991)).
Another factor that Illinois courts may consider when deciding to grant removal is when the custodial parent has a better job opportunity in another state and the increased earnings will provide for a better lifestyle for the child. Davis, supra at 309 (citing In re Marriage of Taylor, 202 Ill. App. 3d 740 (3d. Dist. 1990)).
EFFECTS OF REMOVAL ON NONCUSTODIAL PARENT
Usually, where removal is allowed, Illinois courts will alter the visitation rights of the noncustodial parent who remains in the state by allowing him or her less frequent visitation, but for extended periods of time. Davis, supra at 309 (citing In re Marriage of Gratz, 193 Ill. App. 3d 142, 149 (2d. Dist. 1989)). Furthermore, the costs for transportation are frequently assessed to the custodial parent who removes the child from the state. Id.
Furthermore, under Illinois law, where removal is permitted, the parent removing the child may be required to give reasonable security guaranteeing the return of the child. 750 ILL. COMP. STAT. 5/609 (West 1996). This requirement may be satisfied through either a bond, the posting of a bank account, or other security that guarantees the return of the child to Illinois. Davis, supra at 309 (citing Gray v. Gray, 57 Ill. App. 3d 1 (1st Dist. 1978)).
Also according to Illinois law, before a parent temporarily removes a child from the state, she must inform the other parent, or the other parent’s attorney, of the address and telephone number where the child can be reached, and the date on which the child is scheduled to return to Illinois. 750 ILL. STAT. COMP. 5/609(b) (West 1996).
MOVING WITHIN ILLINOIS
Where a custodial parent wishes to relocate within the state of Illinois, there is no requirement that she obtain permission from a court in order to do so. Davis, supra at 307 (citing In re Marriage of Wycoff, 266 Ill. App. 3d 408 (4th Dist. 1994)).
Good luck to you.
IAAL
