5 Factors to Consider In Determining Whether Removal from Parent Is In the Best Interest of a Child

In In re Marriage of Eckert, 119 Ill. 2d 316, 518 N.E.2d 1041, 116 Ill. Dec. 220 (1988), the court identified five factors that should be considered in determining whether removal is in the best interests of the children sought to be removed. Those factors are: (1) whether the proposed move will enhance the quality of life for both the custodial parent and the children; (2) whether the proposed move is a ruse designed to frustrate or defeat the noncustodial parent's visitation; (3) the motives of the noncustodial parent in resisting removal; (4) the visitation rights of the noncustodial parent; (5) whether a reasonable visitation schedule can be achieved if the move is allowed. Eckert, 119 Ill. 2d at 326-27, 518 N.E.2d at 1045-46. A reasonable visitation schedule is described as one that would preserve and foster the children's relationship with the noncustodial parent. Eckert, 119 Ill. 2d at 327, 518 N.E.2d at 1046.