Vol. 2 No. 2, Summer 2011; Misinterpreting the Child’s Best Interests Standard: A Closer Look at In re Marriage of Guthrie and Illinois Child Removal Law
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In Illinois and throughout most of the United States, there are nearly half as many divorces in a given year as there are marriages. The divorce experience can become extremely complicated when children are involved. Illinois parents who receive sole custody of their children can move anywhere within the state without court approval, but must seek permission from the court to permanently remove a child from the state. Such petitions for removal should only be granted if the removal is in the best interests of the child. One important consideration in determining the best interests of any child is the ability to create a reasonable and realistic visitation schedule to preserve the parent-child relationships. In In re Marriage of Guthrie, the court condones a visitation schedule that drastically eliminates nearly all individual and quality visitation time the non custodial parent will be able to spend with his child. In order to highlight this misapplication of the best interest of child standard and encourage more stringent review, this Note highlights Guthrie's indifference to an unreasonable visitation schedule.