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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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