There are occasions when one parent seeks to move (remove) a minor child out of the State of Illinois. In most situations, the parent seeking out-of-state removal of a minor child must request court permission to do so.
The State of Illinois has established a specific statute, 750 ILCS 5/609(a), for cases where a parent seeks out-of-state removal. The statute states that a party seeking to remove the minor child or to move out of state permanently must ask for leave of court to remove the child. Further, the burden is on the party seeking to remove the child. The court will look at the best interests of the child in making such a determination.
A parent must file a petition to seek out-of-state removal. Each petition will be analyzed by the court on a case-by-case basis. There are numerous factors the court must consider in determining whether removal or moving out-of-state is appropriate. The factors may or may not be given the same amount of weight by the judge and will depend on the particular facts of a case.
Some of the factors the court will consider in determining whether out-of-state removal is appropriate are as follows:
Factors in support of out-of-state removal or moving out-of-state with a child [as set forth in In re Marriage of Eckert, 119 Ill. 2d 316, 518 N.E.2d 1041 (1988)]:
• Likelihood the move will enhance the quality of life for both custodial parent and child;
• Motives of the parent seeking to move or remove the child;
• Motives of the non-custodial parent fighting the move;
• Current visitation schedule;
• Whether a realistic and reasonable visitation schedule can be reached if the move is allowed.
Some courts may determine that a direct benefit to the custodial parent can indirectly provide a benefit to the child; thus, no direct benefit to the child is required.
Factors against out-of-state removal or moving out-of-state with a child:
• The effect of said removal on the non-custodial parent’s time and visitation with the minor child;
• Potential harm to the child if the move will impair the non-custodial parent’s involvement with the child;
• Inability to reach a reasonable parenting schedule or visitation schedule;
• Overall effect of the parent not being in the child’s life on a day-to-day basis.
The weight given to each factor is different in each case and certain factors which may be more important in one case may not outweigh other factors in a different case. The party seeking to remove the minor child out of Illinois must demonstrate that the removal is in the best interest of the child. Obviously, this can be a difficult burden, but not an impossible one, and should be carefully considered prior to seeking leave to remove a child out-of-state.
