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Removal Of A Minor Child

The legal proceeding, usually brought by complaint or petition, by the custodial parent to remove (move) the minor child(ren) from the state. The recent trend is to allow the custodial parent more flexibility in moving out of state when there are ?real advantages? (known as the ?real advantage? test) to the custodial parent. The theory is what?s good for the parent (usually the mother) is good for the child, i.e., in the child?s best interest. Fathers? rights groups have lobbied against this trend. Not all states use the ?real advantage? test. We have come full circle from Victorian times when children were the personal property of their fathers. Now children are the personal property of their mothers. Many courts are unlikely to allow removal if the child has a close relationship with the non-custodial parent. Consult your attorney.

Question: What is the process in illinois to appeal a judges decision to grant removal from the state of a minor child? The mother of my child (ex-girlfriend) has been granted permission to leave state with our 2 year old son (colorado) on the basis that her quality of life will improve by attending college their and the cost of living is cheaper. I feel the judge has not taken into account my sons quality of life by not having his father around due to the close bond we share. I lived with them the whole first year of his life and never went a day without him. This year i have had overnight visitation from saturday afternoons to sunday afternoons. The judge has said i can have 4-6 week long visits per year. I have read the eckert case wich the illinois supreme court established as criteria to remove a minor child, and beleive the judge has slighted the imortance of me being a part of his life and his quality of life without me. The mother has not looked into cheaper housing here in the chicagoland area or any local schools. Can i appeal her decision in a higher court? Please help my sons psycholgical and emotion stability is at stake, and this will affect him forever. i have made every visit and pay 200 dollars a week in child support and always have paid. the judge says i am an example of what a good father is in the state of illinois so how can she grant this request? HELP!!!!!!!!!!!!!!!!!!!1 I have an attorney he said we will file a motion to reconsider or something, would then the appelate court be the next step if that fails?

Answer: You can appeal to the appellate court of Illinois however you will need an attorney and it will be very expensive, an attorney can also file a writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court (appellate court) to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.[1]Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.[2] It cannot be issued to compel an authority to do something against statutory provision. Mandamus may be a command to do something or not to do a particular thing. Mandamus is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he is denied a legal right by someone who has a legal duty to do something and abstains from doing it, but after all an attorney will be the one to specify what you need to do.~

 


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