dissenting:
The trial court had the opportunity to make a reasoned assessment as to whether a move to Utah would be in the children’s best interests. The court found the proposed move would not enhance the general quality of life for the children and the removal would significantly impair Gretchen’s close involvement with her children.
David will lose money on the sale of his home in Monticello and the house proposed for purchase in Utah is more expensive. The removal coupled with David’s proposed visitation schedule will not only reduce Gretchen’s visitation from between 100 and 116 days per year to 70 full days per year, but also place a serious economic burden on David when he incurs substantial costs in moving and the costs for transporting the boys back to Illinois for visitation.
The trial court concluded the better financial situation David hoped for in Utah was speculative, as did the guardian ad litem, who also believed removal was not in the children’s best interests. The trial court noted the financial pressures involved in the move would inevitably be felt by the boys. One might infer the trial court did not believe David would enhance his financial position by moving to Utah or the risk entailed in the move was too great to be borne by the children.
The trial court did not improperly penalize David for not seeking opportunities for increased income in Illinois. Instead, the trial court simply recognized neither David nor his spouse made any effort to advance his or her career in Illinois, and they failed to prove the opportunities awaiting in Utah would necessarily improve their financial situation.
A close relationship existed between the boys and Gretchen. The boys may well have long-term adjustment problems with the move. Visitation time will be significantly reduced. The children clearly and unequivocally stated many times and to many people they did not wish to move. In these circumstances, the trial court’s denial of the petition for removal was not against the manifest weight of the evidence.
I would affirm.