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Relocation of a child from Illinois needs court's approval

Residents of Lake County, Illinois, love their families and for healthy mental, physical and emotional growth, children need the love and support of both parents, even in the event of a divorce.

Circumstances often lead a couple to divorce, which is accompanied with alimony, child custody, child support and property division. A divorce impacts spouses, as well as children, emotionally and financially. The situation can worsen for children if relations between parents deteriorate over child custody or other divorce-related issues.

If both parents seek custody of their offspring, a court order dictates which spouse will get physical custody, always with consideration of the best interests of the children. However, the other parent, who does not have custody of the child, is granted visitation by the court. However, the custodial parent will need to inform the non-custodial parent of a change in location that could impact the non-custodial parent's relationship with his or her children.

If a parent with child custody residing in Illinois wants to relocate out of state, he or she will need approval from the court. The court may grant permission for a custodial parent to move if the judge believes that approving the move will be in the best interests of the children. The burden of proof that relocation is in the best interests of the children rests with the parent wanting to make the move. When approving relocation, the judge may ask the parent seeking relocation to provide reasonable assurances and guarantees that the children will return to the state for visitation with the non-custodial parent or permanently at some later date.

In addition to the address and telephone number for the custodial parent, he or she must inform the other parent or his or her attorney about the relocation specifics and projected return date to Illinois. However, the state of Illinois retains legal jurisdiction over the case while the children are living elsewhere.

Source: LRCVAW.org, "Illinois Relocation Statute," accessed Jan. 16, 2015

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