If the custodial parent is moving away,is there a limit to how far they can go?

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If the custodial parent is moving away,is there a limit to how far they can go?

Asked on July 17, 2011 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In IL the court has the authority to decide whether or not the custodial parent may move a child out-of-state, or at least out of visiting range for the other parent. The court makes its decision based on the "best for the child". Factors considered include, but are not limited to, the: 

  • Likelihood that the move will enhance quality of life for the child;
  • Motive of the custodial parent for wanting the move;
  • Motive of the non-custodial parent in resisting the move;
  • Current visitation schedule;
  • Proposed visitation schedule - is it reasonable and realistic? 

The greater the distance of the proposed move, the more scrutiny the court will give the above factors. For further information you should consult directly witha  family law/divorce attorney in your area.


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