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REMOVAL OF NON-MARITAL CHILDREN |
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What is "removal"? |
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I have custody of my non-marital child. Does Illinois law prevent me from moving out-of-state with the child without permission of the court and the non-custodial parent? |
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Can I be punished just for moving out-of-state with my non-marital child without permission of the court and the non-custodial parent? |
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Does this mean I must remain in Illinois with my non-marital child? |
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What if the child’s paternity, custody, and visitation have never been adjudicated, and the non-custodial parent has no visitation order? |
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If I notify the non-custodial parent of my plans to move out-of-state with our non-marital child, I fear an attempt to prevent my move. Am I required to notify the other parent? |
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Can the court enter an injunction prohibiting me from removing my non-marital child from Illinois? |
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What can happen if I move out-of-state with my non-marital child, without permission of the court, and the non-custodial parent cannot have visitation because I am thousands of miles away? |
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What should I do if I know my anticipated move with my non-marital child will cause me to violate the existing visitation order? |
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| Q: |
What is “removal”? |
| A: |
“Removal,” as used in Illinois family law, means moving out-of-state with a child. A better description might be “relocation.” |
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| Q: |
I have custody of my non-marital child. Does Illinois law prevent me from moving out-of-state with the child without permission of the court and the non-custodial parent? |
| A: |
Yes, if the court has entered an order for custody and visitation of the non-marital child. Illinois law changed in 2003 to prevent parents of non-marital children from moving out of state without the court’s permission. |
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| Q: |
Can I be punished just for moving out-of-state with my non-marital child without permission of the court and the non-custodial parent? |
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Yes. Violating a court order can cause a custodial parent to be held in contempt of court. The custodial parent could also be criminally charged with child abduction or kidnapping if the custodial parent did not inform or disclose the child’s location to the non-custodial parent. |
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| Q: |
Does this mean I must remain in Illinois with my non-marital child? |
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No. Parents of non-marital children can file a petition for removal and obtain the court’s permission before moving out-of-state. The moving parent must still comply with any existing visitation schedules. The non-custodial parent of a non-marital child still has visitation privileges. One factor the judge is to consider in removal is whether a reasonable visitation schedule can be worked out if removal is granted. |
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| Q: |
What if the child’s paternity, custody, and visitation have never been adjudicated, and the non-custodial parent has no visitation order? |
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In this situation the parent should encounter less difficulty with moving out of Illinois with the child. However, doing so may cause the non-custodial parent to start legal proceedings to have the court adjudicate the child’s paternity, custody, and visitation. |
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| Q: |
If I notify the non-custodial parent of my plans to move out-of-state with our non-marital child, I fear an attempt to prevent my move. Am I required to notify the other parent? |
| A: |
Yes. Illinois law requires a custodial parent of a non-marital child to notify the other parent of an anticipated move out-of-state. |
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| Q: |
Can the court enter an injunction prohibiting me from removing my non-marital child from Illinois? |
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Yes. While a petition to remove a non-marital child from Illinois is pending, the court may require the custodial parent and child to remain in Illinois. |
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| Q: |
What can happen if I move out-of-state with my non-marital child, without permission of the court, and the non-custodial parent cannot have visitation because I am thousands of miles away? |
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Failure to comply with a visitation order can cause you to be held in contempt of court, the punishments for which include imprisonment, fine, and paying the non-custodial parent’s attorney fees and costs. Illinois law also allows findings of “visitation abuse” when a party willfully and without justification denies another party visitation, in which case the court can order visitation modification, make-up time, counseling, supervised visitation, paying the non-custodial parent’s attorney fees and costs, and other relief. Last, Illinois law includes a criminal provision for “unlawful visitation interference,” which is a Class A misdemeanor after two prior convictions for this offense. |
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| Q: |
What should I do if I know my anticipated move with my non-marital child will cause me to violate the existing visitation order? |
| A: |
Promptly file and serve a petition seeking to modify the non-custodial parent’s visitation. |
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