Good evening Dlks and thank you for your question. Please be advised
that I am not an attorney and cannot give you legal advice. However I
am a paralegal for a firm that deals in divorce law and I understand
the basics of child custody and divorce. If, after reading the
following you still have questions, please speak with an attorney as
soon as possible.
It is my understanding that Illinois law requires a custodial parent
who is seeking to move with the children to another state, to obtain
court approval for the removal - before or after a judgment. However,
if you think your soon to be ex is a flight risk and will go with or
without the court?s approval, you can have your attorney file a
temporary order stating that he cannot move your son out of the state
while you are still pending a final decree.
750 ILCS 5/603
Sec. 603. Temporary Orders.
(a) A party to a custody proceeding, including a proceeding to modify
custody, may move for a temporary custody order.
= = = = = = = = = = =
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS
5/609(a) (1993) allows a court to grant leave to any party having
custody of the parties' minor children to remove the children from
Illinois. However, removal must be in the best interests of the
children.
(750 ILCS 5/609)
Sec. 609. Leave to Remove Children.
(a) The court may grant leave, BEFORE OR AFTER JUDGMENT, to any party
having custody of any minor child or children to remove such child or
children from Illinois whenever such approval is in the best interests
of such child or children. The burden of proving that such removal is
in the best interests of such child or children is on the party
seeking the removal. When such removal is permitted, the court may
require the party removing such child or children from Illinois to
give reasonable security guaranteeing the return of such children.
(b) Before a minor child is temporarily removed from Illinois, the
parent responsible for the removal shall inform the other parent, or
the other parent's attorney, of the address and telephone number where
the child may be reached during the period of temporary removal, and
the date on which the child shall return to Illinois.
The State of Illinois retains jurisdiction when the minor child is
absent from the State pursuant to this subsection.
Source: Illinois Marriage and Dissolution of Marriage Act
( http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapAct=750%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=59&ChapterName=FAMILIES&SectionID=63109&SeqStart=12500&SeqEnd=14800&ActName=Illinois+Marriage+and+Dissolution+of+Marriage+Act%2E
)
= = = = = = = = = =
In the "Marriage of Eckert", the Illinois Supreme Court laid out five
factors for determining whether a custodial parent should be allowed
to remove a child from Illinois. These factors include:
1. whether the move enhances the general quality of life for the
custodial parent and the children;
2. what the motives of the custodial parent in seeking removal
are, i.e. whether removal is simply a ruse to defeat or frustrate
visitation;
3. the motives of the noncustodial parent in resisting removal;
4. that it is in the best interest of the child to have a healthy
and close relationship with both parents as well as other family
members; and
5. whether a realistic and reasonable visitation schedule can be
reached if the move is allowed.
Source: Removal of Children in Illinois in Light of Collingbourne and
Eckert: The Pendulum has Swung Back to the Middle. Illinois Bar
Journal, Vol. 84, No. 2, February 1996.
= = = = = = = = = =
750 ILCS 5/604
Sec. 604. Interviews.
(a) The court may interview the child in chambers to ascertain the
child's wishes as to his custodian and as to visitation. Counsel shall
be present at the interview unless otherwise agreed upon by the
parties. The court shall cause a court reporter to be present who
shall make a complete record of the interview instantaneously to be
part of the record in the case.
(b) The court may seek the advice of professional personnel, whether
or not employed by the court on a regular basis. The advice given
shall be in writing and made available by the court to counsel.
Counsel may examine, as a witness, any professional personnel
consulted by the court, designated as a court's witness.
Source:
( http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapAct=750%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=59&ChapterName=FAMILIES&SectionID=63109&SeqStart=12500&SeqEnd=14800&ActName=Illinois+Marriage+and+Dissolution+of+Marriage+Act%2E
)
= = = = = = = = = = =
I found an excellent site on the net pertaining to Illinois based
divorces and moving children out of state. However, reading it, I
believe it pertains to parents that are already divorced. Whatever
the case may be, it?s worth reading:
( http://www.illinoisdivorce.com/library/removal/ )
I wish you the best of luck. I hope this answers your question,
however, if you would like clarification before rating my answer,
please do not hesitate to ask!
Nenna-GA
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