Wheaton Child Removal Lawyer

Glen Ellyn Divorce Attorney Assisting Clients in Child Relocation Matters

When a divorce involving children is is finalized, the divorce decree will include a parenting plan that specifies the allocation of parental responsibility and each parent's parenting time with their children. While this decree has an element of finality, courts recognize that parents' and children's circumstances can change, in which case the parenting plan may need to be modified.

One common reason to modify a divorce decree occurs when one parent decides to move a significant distance away, necessitating a change to parental responsibility or parenting time. Parents may need to move for a variety of reasons, such as a job opportunity, remarriage, a desire to be closer to family members, or the need to care for an elderly or disabled relative. Parents who wish to move with their children or fight a request from their ex-spouse for child relocation should consult a family law attorney to understand their rights and options.

Putting Children's Best Interests First

When a custodial parent seeks to move with their child to a new location, their parenting plan can be modified if both parents agree on any changes. However, if the non-custodial parent decides to contest this modification to the parenting plan, the matter may be left up to the court to decide. Judges approach these decisions on a case-by-case basis, and they will consider several factors, including:

• The custodial parent's reasons for moving, and the non-custodial parent's reasons for opposing the move
• Whether the requested move will have a positive impact on the child's quality of life
• The parents' current parenting time schedule and how it would change following the move
• What effect the move will have on the child's relationship with the non-custodial parent

Ultimately, a judge will seek to protect children's best interests, and a parent wishing to move with their child has the burden of proof to show that the move is in their child's best interests. This means that they will need to demonstrate that the move will be beneficial to the child and that the child will be able to maintain a positive relationship with the non-custodial parent.

Recent Updates to Illinois Family Law

In January 2016, the Illinois Marriage and Dissolution of Marriage act was updated, and this revision to the law made some significant changes related to child removal. Following this change, if a parent resides in Cook, DuPage, Kane, Lake, McHenry, or Will County, they are allowed to move up to 25 miles without obtaining approval from the court or the other parent. If a parent resides in another county in Illinois, they may move up to 50 miles. Parents may also move outside the state of Illinois if their new home is within 25 miles of their previous home. Any move outside of these limits requires the consent of the other parent and/or the approval of the court.

Legal Assistance With Child Relocation Issues

At Anderson and Associates, P.C., our divorce lawyers have over 30 years of experience in family law, and we understand the complicated emotional, financial, and logistical issues that surround a parent's need to move. Whether you are looking to move to a new area with your child or keep your ex-spouse's move from negatively impacting your parenting time with your children, we can help you understand your options and advocate for your rights in court. Contact a DuPage County child relocation attorney at 630-653-9400 to schedule a free initial consultation.