When may a parent with physical custody remove the child from Illinois?

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When may a parent with physical custody remove the child from Illinois?

Removal is allowed by agreement of both parents, or with the court's permission. The court considers the following:

  • Best interest of the child
  • Will the proposed move enhance the quality of life for the child and the parent with custody?
  • Is the move designed to frustrate the other parent's parenting time?
  • Are the non-custodial parent's objections valid?
  • Will reasonable parenting time be maintained after the move?
  • Has the non-custodial parent exercised previous parenting time?

The burden is on the parent who wishes to remove the child to prove the child's best interests would be served by removal.

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