What an Illinois Judge Considers During a Child Relocation Order

 Posted on May 15, 2023 in Child Custody

Child relocation orders can be a complicated matter in Illinois, as they involve uprooting a child's life and potentially disrupting their relationship with one parent. Illinois courts take child relocation cases very seriously, and judges carefully consider a variety of factors before making a decision. In this article, we will discuss what an Illinois judge considers during a child relocation order.

Best Interests of the Child

The primary consideration for an Illinois judge during a child relocation order is the child's best interests. This includes their physical, emotional, and mental well-being and relationship with each parent. The judge will consider factors such as the child's age, health, and educational needs.

Reason for the Move

The reason for the move is also an important factor that an Illinois judge considers during a child relocation order. The judge will want to know why the relocating parent is moving and whether the move is in the child's best interests. The judge may be more likely to grant the relocation order if the move is necessary and beneficial to the child.

Impact on the Non-Relocating Parent

An Illinois judge will next consider the impact the relocation will have on the non-relocating parent's relationship with the child. The judge will ensure that the non-relocating parent can still maintain a meaningful relationship with the child, despite the distance. In addition, they will consider the non-relocating parent's financial resources, work schedule, and ability to travel to see the child.

Relationship between the Child and Each Parent

When deciding on a child relocation order, the relationship between the child and each parent is another major consideration for an Illinois judge. The judge will want to ensure that the move will not harm the child's relationship with the non-relocating parent. Additionally, they will take into account the relocating parent's ability to facilitate a relationship between the child and the non-relocating parent, even at a distance.

History of Parenting Responsibilities

An Illinois judge will also consider the history of parenting responsibilities between the relocating and non-relocating parent. If the relocating parent has been the primary caregiver, the judge may be more likely to grant the relocation order. However, if both parents have been equally involved in the child's upbringing, the judge may be more hesitant to grant the relocation order.

Impact on the Child's Education

The impact of the move on the child's education is also an important consideration for an Illinois judge during a child relocation order. The judge will want to ensure that the child will have access to quality education in their new location and that the move will not negatively impact their academic progress.

Contact DuPage County Child Relocation Lawyers Today

At Pesce Law Group, our DuPage County child relocation attorneys can help you understand the legal requirements for a child relocation order. We can help you prepare a case that addresses all relevant factors. Call 630-352-2240 for a consultation.

Source: https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm