Legal Question in Family Law in Illinois
Moving with Child
I have joint custody of my 5 year old daughter with my ex husband. I am the custodial parent and have been since we split 2 years ago. He was ordered to pay child support and has not paid nor has he lived up to any of his responsibilities on our divorce decree. I have no support or help from him whatsoever. I would like to move to Arizona where I have family, a job waiting, vehicle, a home, and a wonderful school less then 5 minutes from where we would be living. I have all the support and help I could possibly need if I move out there. Here in illinois I have none, especially none from my daughters father. I would like to know how good my chances are of being allowed by the court to move me and my daughter to Arizona. I can provide any proof or paper work the court would need to show it would be better for not just me, but more importantly my daughter, which she also has friends out there, through visitation which she doesnt not have here. Any advice would be greatly appreciated. Thank You for your time.
2 Answers from Attorneys
Re: Moving with Child
What you are asking for is termed "Removal" in IL. I am currently handling several such cases right now and can tell you that if you wish to remove a child from Illinois without the agreement of the other parent, there will be some litigation. The process normally takes about 6 months, and is almost impossible without an attorney. You have the right idea about needing to show what is best for the child, but all that has to be shown in a way to overcome the demand from the biological father to be able to see his child often. It can be done, and I just won such a case, but understand that these cases are not simple.
Re: Moving with Child
What you are asking for is termed "Removal" in IL. I am currently handling several such cases right now and can tell you that if you wish to remove a child from Illinois without the agreement of the other parent, there will be some litigation. The process normally takes about 6 months, and is almost impossible without an attorney. You have the right idea about needing to show what is best for the child, but all that has to be shown in a way to overcome the demand from the biological father to be able to see his child often. It can be done, and I just won such a case, but understand that these cases are not simple. Feel free to contact me if you have other questions.
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