Relocating to Another State with a Custodial Child
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) establishes the court that has the legal right to make decisions regarding a custody matter. If you are considering a move to another state, your child’s ‘home state’ will have the sole jurisdiction to determine child custody provisions such as a relocation. Illinois has jurisdiction if the child has lived in Illinois for the last 6 months or since birth; the child lives out of state, but has resided in Illinois within the last 6 months and has a parent residing in the state; no other state is considered the child’s home state; or, another state defers to Illinois because the child and at least one parent have significant ties to Illinois or there is relevant evidence in Illinois concerning the child needed to make a determination.
A parent that wants to relocate to another state with a custodial child bears the burden of proving that the move is in the best interest of the child. To obtain a court order to remove your child permanently from the state, the court will consider many questions. Will the move enhance the child’s general quality of life? What type of housing or schools will the child enjoy? Are the motivations for the move to take advantage of a job opportunity or is it a matter of getting away from the other parent? Does the non-custodial parent object – why or why not? And, what visitation arrangements are feasible to ensure the child can continue to benefit from a relationship with both parents if a move is granted?
Moving a child from the state following divorce requires that you prove, first and foremost, that the move is beneficial to the child. If you need help regarding a family matter such as child custody or support, visitation, relocation or other issues, contact the Law Offices of Schlesinger & Strauss for help today.
