Child custody lawyers: How they win a case.
by Michael HelfandWhen the parents of a child are divorced, or in the process of getting divorced, custody is a major issue. One of the more contentious situations is when the custodial parent wants to move with the child to another state. The decision ultimately will be made by a judge. Just because the custodial parent has sole custody doesn’t mean they can move without permission from the court.
The first thing a custodial parent needs to do is file a petition. This notifies the court that they wish to move out of state with the child. The petition should be filed as soon as possible, because it may take some time, especially if the petition is contested by the other parent. Generally, any out-of-state move is prohibited until there is a court order granting permission.
In some cases, the noncustodial parent will agree to the move. If this is the case, the judge will likely sign an order right away granting permission to move with the child out of state. If the move is contested, the judge will spend more time making sure any decision is in the best interest of the child.
The “best interest of the child” is different in every case. There is no set rule, but rather a set of guidelines to be followed by judges these cases. For example, the judge will consider how the move will affect the child and the custodial parent. In other words, they will look at whether the move will enhance their quality of life. Other considerations include motive – is the parent moving the child just to get back at the other parent? – as well as how the visitation with the noncustodial parent will be affected. If a reasonable visitation plan can be worked out, the judge is more likely to allow the removal. For example, maybe the child will visit the noncustodial parent for the entire summer if visits during the school year aren’t feasible.
If a parent wants to take their child out of state temporarily, such as for a vacation, the rules of removal generally do not apply. Instead, the parent may have to give the other parent or their attorney information on where they are going, how they can be reached and when they will return.
Another situation in which removal rules do not apply is when a parent wants to move with the child to another city in the same state. This is generally allowed, unless the parents have signed an agreement stating otherwise.
In cases where the parents of a child are not married, and the child lives with the mother, it can be difficult for the father to prevent removal to another state. However, the father can generally contest a move after first going through the courts to establish paternity.
Michael Helfand is a Chicago attorney. For more information on Illinois child custody laws he recommends http://www.findgreatlawyers.com/ChildCustody.htm