Chicago Child Removal and Relocation Attorneys
What You Need to Know About Relocating a Child Outside of Illinois
Child relocation can be one of the most contentious and emotionally-charged issues to arise during or after a divorce in Illinois. If you and your former spouse are currently involved in this type of dispute, it is highly advised that you consult with the experienced Chicago child allocation lawyers at Nottage and Ward, LLP. With our help, you may be able to resolve your dispute in an efficient manner and save a lot of money and stress in the process.
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Child Relocation Laws in Illinois
If you are the allocated parent who wishes to move to another state with your child, it is vital that you know your legal rights and obligations. Under state law, you are required to obtain the consent of the non-allocated parent or court approval prior to the move. You will be required to send the other parent advance written notice of your intent to move. The proper way to go about this is as follows:
- Include your intended move date.
- Include your new address.
- Include how long you plan to stay in the new location if it is a temporary move.
- Deliver the notice at least 60 days prior to the date you plan to move, unless circumstances make it impossible to do so or you have a court order with different instructions.
- Once the other parent has signed the written notice, you must file it with the court.
- Should the other parent object, you need to file a petition with the court and attend a hearing where the judge will decide whether or not to grant your wish to relocate.
If you are a non-allocated parent who opposes the relocation of your child, or if the allocated parent has already moved without your consent (and without prior court approval), then you should immediately get in touch with a reliable family law attorney to determine the best course of action.
What About Unwed Parents?
Child relocation may also be an issue for parents who have never married. If there is a court order in place granting parenting time to the non-allocated parent, the same guidelines would apply for getting permission before moving with the child.
What the Courts Consider
There is one central element to every family law dispute involving a child: the best interests of the child. The court will ultimately bear this in mind while considering the following factors, before coming to a decision:
- New spouse in another state: Do the child and the new stepparent have a good relationship? Will the child experience an increase in standard of living due to the new relationship? Is this change generally better or worse for the welfare of the child?
- New job in another state: Is the new job an improvement for the allocated parent? Will the increased earnings lead to a better standard of living for the child?
- Neighborhoods and schools: Is the new neighborhood safer? Does the new school have better education standards? Will the move to the new neighborhood and school contribute to the betterment of the child?
- Travel duration and difficulty: Will the parenting time arrangements become exceedingly complicated due to the distance between the two homes? What is the estimated travel time? How difficult is getting from one place to the other?
Clearly, there are complex considerations one has to make in the process of drawing up a successful, court-approved child relocation plan. That is why attorneys are so essential to resolving this issue satisfactorily for both the allocated and non-allocated parent.
Illinois Parental Kidnapping Laws
When a child has been relocated out of the state without the parent obtaining proper consent from the other parent or courts, it may be considered parental kidnapping. These situations are not taken lightly in Illinois and are covered under the same laws as child abduction. Intentionally violating a court order already in place by relocating or concealing a child, or refusing to return a child once parenting time has ended, are actions that fall under parental kidnapping.
Get Legal Advice from Our Chicago Child Removal and Relocation Lawyer
If you wish to discuss a potential relocation case, or any other related child allocation and parenting time issues, please don't hesitate to contact Nottage and Ward, LLP, for immediate legal assistance. We can help you with the proper petition to facilitate an equitable agreement for you, your ex, and, most importantly, your child.
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Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
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