The father wants to move to Florida and take the children. The mother wants to remain in Illinois and raise the children in the family home. Can the father take the children and move to Florida if he wants to, even though the mother does not want to move and wants to remain in Illinois, the family home and raise the children? The father claims the youngest child will benefit by moving to Florida because the child has developed asthma. The father has no medical doctor's report indicating this would be in the child's best interest. Can the father transport the children across state lines (travel out of Illinois) without the mother's consent?
the dad has to comply with 750 ilcs 5/609.2. he should give mom the required notice. she then has 60 days to say yes or no to the move. if no, then he must file a petition to ask the court for permission to move the child to florida.
If these people live in Cook County, cannot move children more than 25 miles from current residence unless both parties agree or there is a court order allowing the relocation. If there is no agreement, party wanting to relocate must show move is in child's best interest. Asthma may be such a reason if it is proved to exist and if location (Florida) would benefit the child. Relocation is a complicated matter and a lawyer should be consulted.
The father has to request a relocation pursuant to statutory rules. Then the mother has the opportunity to object and if an objection is made the father has to file a motion for relocation and the Court would decide the issue.
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