Disputes, Relocations, & Removals

Our Child Custody Lawyers in Illinois Help Settle Your Issues

Some of the most difficult post-judgment modifications to make are relocations and removals. This occurs when either parent wishes to move to a new town or city in Illinois or wishes to move with the child outside of the state. There are many important arguments and issues that have to be resolved to do this, including jurisdictional issues and proving that a move is in the best interests of the child.

Jurisdictional Issues

Regardless of whether you were ever married to the other parent, the general rule is that the county where the child has resided for the last six months will be the county where the case will be heard. However, there are exceptions.

Our attorneys can discuss this with you during a free phone consultation. Schedule yours today!

The Best Interests of the Child

The court has all the tools available to use in a removal case that it has in a child custody case, appointing a child's attorney, appointing an expert psychologist or psychiatrist, and other issues. If the court finds that it is in the best interests of the child then removal will be granted. Removal to neighboring states is more likely than removal farther away.

Standard for Removal: Eckert

In 1988 the Supreme Court of Illinois addressed the issue of removal in the case of In re: the Marriage of Eckert.

The Court applied the best interest analysis and held that the standard in removal cases shall be determined by examining the following five subjective measures:

  • Will removal enhance the quality of life of the child and the custodial parent?
  • Are the motives of the party seeking to remove pure, or is it a ruse to interfere with the parental involvement of the other parent?
  • Are the motives of the party seeking to block removal pure?
  • What impact will removal have on the visitation rights of the non-custodial parent?
  • Can a realistic visitation schedule be created that will ensure the continued contact and maintain the existing involvement of the non-custodial parent with the child?

Our divorce lawyers at Wakenight & Associates, P.C. can help you from any of our convenient locations in Oak Park, Mokena, Aurora, Elmhurst, Burr Ridge, St. Charles, Northbrook, Schaumburg, or Chicago Loop.

Contact us today:

  • In Cook County: (708) 480-9651
  • In DuPage, Kane, or Kendall Counties: (630) 528-0734
  • In Will, Kankakee, Grundy, or South Cook Counties: (815) 458-5660