Order of Removal: Moving out of State with Your Child

 Posted on April 17, 2015 in Divorce

If you are a parent with a custody agreement for your child, moving out of Illinois is not as simple as finding yourself a new home and job to pay for it. Your child needs to have a relationship with both of his or her parents and as such, you will need to get permission from the court to move your child out of state. This requirement is written into the Illinois Marriage and Dissolution of Marriage Act. Your former partner may oppose your request to move and in some cases, the court may deny it. If you have an opportunity outside of Illinois, such as a promising new job or an opportunity that would greatly improve your quality of life, you may need to prove to the court that such a move is in your child's best interest.

Contact an experienced family attorney to discuss your unique case before petitioning to the court to move out of state. The court will consider various factors when determining whether or not to approve your request, including the following:

• How will this move affect the child's relationship with each parent? Will the parents realistically be able to maintain a fair visitation or custody schedule?
• Is the child being moved out of a dangerous, unsafe, or unhealthy environment?
• How much will the parent's opportunity in the new state affect the child's quality of life and is that effect substantial enough to justify moving the child from Illinois and his or her other parent? Could the parent find a similar opportunity within Illinois?
• Will this move damage or destroy the child's relationship with his or her parent remaining in Illinois?

The factors the court considers are known as the Eckert factors. They are named after a benchmark 1988 case of a parent challenging their child's other parent's decision to move out of the state.

Order of Removal

An order of removal is a legal document that allows you to move out of state with your child. If your former partner opposes your move, you may need to have a judge issue and sign this document for you. Talk to your attorney about possibly having to take this route in order to move with your child. Your former partner has the right to oppose your move unless your child custody agreement specifically states that either parent is allowed to move with the child. You might need to comb through your custody agreement with your attorney to determine whether or not this is part of your agreement.

Experienced Custody Attorneys in Kane County

Goostree Law Group proudly serves Illinois families as they work out their issues related to child custody, child support, and parental visitation. Contact our firm to discuss your case with one of the experienced Kane County custody attorneys on our team. We are here to advocate for you and your child and promise to give your case the dedication and attention to detail it deserves.