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Court Considerations for Moving A Child Out of State

Court Considerations for Moving A Child Out of State

The purpose of this blog is to inform the reader about the court
considerations for moving a child out of state after a divorce has been concluded.
Palatine Divorce Lawyer James Kelly explains how the court considers factors such as extended
family and best interest of the child when making its decision.


A. Removal by Agreement vs. Removal by Contest in Court

II. Removal by Contest in Court

i. When the parties cannot agree as to the removal of a minor

child then the court shall after a hearing determine whether the

child should be removed. The section that controls removal

when there is no agreement as to same is Section 609.2(g).

ii. This Section states that, “the court shall modify the

parenting plan or allocation judgment in accordance with the

child’s best interests. The Court shall consider the following


1. The next factor that the court should use to determine

whether it should allow a child to be removed from the

jurisdiction is “the presence or absence of extended

family at the existing location and at the proposed new

location.” Thus, the court may be very hesitant to

remove a child from his current location if he has

grandmothers and grandfathers, older siblings, and or

aunts and uncles and cousins. On the flip side if the

child is currently located in Illinois and all of his/her

extended family live in northern Wisconsin, then

perhaps the judge may be more willing to allow the

child to be relocated to Wisconsin.

2. The court may also consider, “the anticipated impact of

the relocation on the child”. This factor is much more

nebulous than all of the other factors that we have

looked at so far. This factor will require the use of an

expert to get involved and interview the child and

perhaps perform some research that will allow the

expert to make a determination as to what the expected

impact on the child will be. The Court can do this by

either hiring a guardian ad litem or a 604.1(b)

psychologist who can interview the child and the

parties and anyone else who is in a relevant way

connected to this case. The expert would then report to

the court what he/she believes the ramifications are to a

removal and then the court would use that information


In the next blog we will take a look at the rest of the factors surrounding court considerations for moving a child out of state, in Illinois.

About the author:

James M. Kelly is engaged in representing clients in contested and uncontested

dissolution of marriage proceedings and bankruptcy proceedings, both Chapter 7 and

Chapter 13. James Kelly, has been practicing in the northwest suburbs of Cook County

and to a very relevant extent McHenry County, Lake County and DuPage County. James

Kelly has been admitted to the practice of law in the State of Illinois since 1994.

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