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Illinois Court Rejects Father's Relocation PetitionA co-parent who wishes to relocate with his or her children bears the burden of proving why the move is in the best interest of the children. There can be several reasons why children may benefit from relocating, such as:

  • Better education;
  • A more diverse community;
  • Proximity to family members;
  • A higher standard of living; and
  • Employment opportunities for the primary parent.

However, the court must also consider how the relocation would affect the other parent’s rights. Regularly visiting each parent is often of the greatest benefit to the children. A court may reject a relocation petition if it is unconvinced that the children will be in a clearly better living situation than they are currently.

Recent Example

In the case of In re Marriage of Fatkin, a divorced father asked to relocate his two children from Illinois to Virginia. The father, who had a greater share of the parenting time, had not found full-time employment where he was living and wished to move into his parent’s home in Virginia Beach, where he grew up and had a job waiting for him. He cited several ways that his children would benefit from the move:

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Legal Recourse When a Parent Flees with a ChildA divorced parent living in the Chicago area may not relocate with his or her children more than 25 miles from their current home unless:

  • The other parent agrees to the move; or 
  • A court approves the move.

The relocating parent must file a petition to relocate and prove to the court that it is in the children’s best interest to move with him or her. The court can block the children’s move and modify the division of parenting time if the parent decides to relocate anyways. Fearing that a court will reject their relocation requests, some parents flee with their children to another state or country. State, federal, and international laws can help you rescue your children if your co-parent has abducted them.

Parental Kidnapping

Illinois defines parental kidnapping as when one parent defies a court-approved parenting order by hiding or removing the children from the other parent. You can request an emergency custody order for your children if you believe your co-parent has fled with them or is a risk to do so. Federal law allows your state’s courts to maintain jurisdiction over your parenting case, even when your co-parent flees to another state.

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