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Removal And Custody

In a recent Illinois Appellate Court decision, the Court reversed a Trial Court’s Order denying permanent removal of a child, after the Trial Court had granted temporary removal almost two years earlier. The Trial Court gave the Mother two options: (1) if she moved back to Illinois within 30 days, the parties would have ‘modified’ joint custody with her as the primary residential parent or (2) if she stayed in Ohio, Father would have sole custody and Mother a visitation schedule. The Appellate Court reversed that Order, stating that “forcing Mother to choose between being gainfully employed or being unemployed in order to have primary custody of her son cannot be in the best interest of the child.” http://www.state.il.us/court/Opinions/AppellateCourt/2013/5thDistrict/5130349.pdf