Legal Question in Family Law in Illinois
I am in a divirce proceeding in Illinois and my wife is trying to leave the state and take my daughter with her. She has hooked up with some old friend and claims if she marries him after we get the divorce, the judge will grant her permission to leave the state with my kid. I currently have a generous visitation schedule and my daughter is established in a decent school here. Also, her maternal grandparents and all her cousins are here as well. What are her chances of getting this granted without my permission?
2 Answers from Attorneys
Your wife would have to prove its in the child's best interest to leave the State. This is not easy to do and becomes more difficult as the child grows older.
I respectfully disagree with Mr. Michelotti that a Petition for Removal (which is what your wife would file) is that hard to win in Illinois. While the court will simply look at 'best interest of the child', that includes whether the wife can show she would make more money at the new town, that her husband would make more money, that the 'family unit' would be happier at the new place, etc, etc. I just finished such a motion and have researched this issue a lot this week. The case law is extensive, and favors removal.
What you seem to have in your favor is that if you exercise your visitation extensively, and the child has formed a strong bond with you, you can fight such a petition. I recommend being very proactive however. Let me know if you have any other questions.
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