| If a custodial parent wants to move out of Illinois with the child, will this be permitted?
A child may not be removed permanently from the state without a court order. A removal petition is not considered a petition for modification of custody, even where the parents have joint custody of the child, despite the reality that removal would result in a change in the child's present visitation schedule and diminished involvement with the non-custodian. Removal must be proved to be in the best interests of the child, not merely for the custodial parent's convenience. The State of Illinois retains jurisdiction when the minor child is absent from the State. Illinois public policy is to insure the maximum involvement of both parents in matters involving the physical, mental, moral and emotional well being of the child. A court must consider the following factors in determining whether a proposed removal is in the best interests of the child:
the likelihood that the move will enhance the general quality of life for both the custodial parent and the child
the motives of the custodial parent in seeking the move to determine whether the removal is merely a ruse intended to defeat or frustrate visitation
the motives of the noncustodial parent in resisting the removal
the visitation rights of the noncustodial parent; and
whether a realistic and reasonable visitation schedule can be reached if the move is allowed.
For a time, it was very difficult to obtain a court order permitting removal of a child, and the custodian might well be in the position of choosing between a child and a new spouse or important career move. The pendulum appears to be swinging towards a more neutral position, but removal will not be permitted unless the parent seeking it provides thorough evidence comparing the benefits of the move for the child against the benefits of staying in Illinois. Such issues as the type of housing, job opportunities, excellence of neighborhood and school, activities for the child, and a well-considered plan to keep the child in touch with the left-behind parent must be addressed. It is also to be noted that some judicial districts in Illinois are more lenient about allowing removal than others. In a case in which a parent may wish to petition for removal of the children, the attitude of the court is a factor to be considered where a choice of venue for the dissolution proceeding is possible. | 
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