What is Removal?

Is your ex-spouse considering relocating to a different state, perhaps for a new job or other family? If you and your ex-spouse have children, you may want to discuss the how relocation of your children will affect your family. Our clients usually have questions about removal and how it can affect their custody rights and visitation.

A removal is reviewed by the Illinois courts, on an individual basis, with the best interests of the child foremost in the courts’ decision process.

After your divorce has been finalized, the Illinois court system has ongoing jurisdiction over your child’s custody and living arrangements. You, as an adult, can move wherever you like, however, it must be determined by the courts what is in the best interest of the child, if the child should be relocated as well. In addition, the other parents’ rights to visitation (or if joint custody has been agreed upon) can influence the outcome.   No relocation or move can be done without the court’s formal approval, either to a new home inside the state or outside of it. The non-custodial parent must also give their approval or obtain a court order.

Having an expert on your side like Denise Kuzniewski’s team, can offer support and a smooth transition for both parent and child. We represent both parents who wish to move, as well as parents with joint custody and visitation rights who are opposed to the relocation of their child or children. We work with the legal system in Illinois to cooperate fully with the court’s primary guiding principle: protection of the best interests of the child. With our negotiation and trial experience, as well as current knowledge of the ever-changing case law for Illinois removal processes, the Kuzniewski team will work closely on your case to make it a success.