Child Relocation Attorneys in Illinois
DuPage County Child Removal Lawyers Serving Wheaton, Warrenville, and Glen Ellyn
After a divorce is finalized, circumstances often change which warrant a post-decree modification. One of the most contentious situations is when a parent decides to relocate a child out of state or to another part of Illinois. When child relocation is done without court authorization and/or the approval of the other parent, it can lead to serious legal consequences. Whether you are seeking to relocate a child or want to oppose a child removal, it is essential to have a skilled family law attorney in your corner fighting to protect your interests.
At Mevorah & Giglio Law Offices, we have been assisting clients with divorce and family law matters for over 40 years. Our attorneys have extensive experience with even the most complex divorces involving challenging issues such as special needs children, arranged marriages, stay-at-home parents, mental health issues, bankruptcies, tax consequences, and many others. Our lawyers are responsive, compassionate, down to earth, and aggressive advocates for the interests of our clients. We understand the emotional strain child relocation can have on all parties involved, and we work closely with our clients to develop the most practical and effective solution to accomplish their desired outcomes.
Illinois Child Relocation Laws
After a divorce, parents sometimes decide to move with their children to another area. Child relocation may be needed because of job transfers, family needs, or, in some cases, for the protection of the child. However, before relocating with a child, it is important for custodial parents to understand their rights and obligations. Notably, parents should be aware that Illinois' parental relocation laws apply in the following situations:
- A parent who lives in DuPage, Will, Kane, Cook, Lake, or McHenry County will be moving to a new home within the state of Illinois that is more than 25 miles away from their current home.
- A parent who lives in another county in Illinois will be moving to a new home within the state of Illinois that is more than 50 miles away from their current home.
- A parent will be moving outside the state of Illinois to a new home that is more than 25 miles away from their current home.
When courts approve a parenting plan that addresses how parental responsibilities (child custody) will be allocated and specifies parenting time schedules, this plan cannot be changed without approval from the court. A parent must notify the other parent of their intent to move, and if the other parent does not object, the parenting plan may be modified, as long as the court agrees that this change is in the child's best interests.
A parent may disagree with child relocation because it would impact their parenting time or their ability to participate in parental responsibilities. In such cases, the parent may still be able to move with the child if they are able to convince the court that relocation is in the child's best interests. In making this determination, the court will consider a number of factors, and success often comes down to the strength of the legal arguments presented. If a parent relocates without the permission of the court, they may be held in contempt of court.
Child removal and relocation is a difficult issue for parents to resolve. The well-being of the child must be balanced with the rights of a parent to move out of the area and the parenting time rights of both parents. Our lawyers are experienced litigators and strong negotiators, and we put our experience to work to ensure the rights of our clients are protected. For skilled guidance with child relocation or any other family legal matter in Illinois, contact our office today at 630-932-9100630-932-9100 for a free consultation.