Child Relocation Lawyers
If you’re planning to remove your child from Illinois permanently or move to another part of the State, it is critical that you seek advice from knowledgeable child relocation lawyers. If your child’s primary residence is in one of Illinois’ “collar counties” (Cook County, Kane County, DuPage County, McHenry County, Will County or Lake County), moving to another residence within Illinois that is greater than 25 miles is prohibited. If your current residence is outside of the collar counties, the rule restricts moves that are more than 50 miles. Relocating more than 25 miles outside of Illinois also requires permission from the other parent or the court.
The parent with primary parenting time must obtain approval from the other parent or obtain a court order granting permission before relocating their child outside of the 25-mile or 50-mile rule. If both parents agree to permitting the relocation, the parent relocating must submit a request in writing that the other parent must sign. The court is likely to approve the move and modify the Allocation Judgment to reflect the child relocation, as long as it is provided with at least 60 days of notice and is in the best interest of the child.
If the parents cannot agree on modifying to allow child relocation, then the parent seeking to move must file a petition to seek the court’s permission. It is important to know a non-relocating parent does not have a right to block a move. The court will always look at the best interests of the child.
If you are a parent seeking to relocate and need help to prepare a winning case for the court, or you are the non-relocating parent seeking to keep your children in Illinois, contact child relocation lawyers Anderson & Boback for help.
We are experienced in all family law matters, with a focus on protecting the rights of you and your children. We offer skillful legal counsel, masterful negotiations, and success in the courtroom. We are always up to date with the latest developments in Illinois family law and provide the legal representation necessary to obtain the best possible outcome with a fierce dedication to each client.
Experienced Child Relocation Lawyers Help You Understand the Court Process
While the court may not tell you as an adult where you can live, the Illinois courts can and will mandate whether a child can be removed from the state. The court considers many factors when determining a request for relocation.
When the Illinois courts look at a child relocation request, some of the factors they will consider include:
- Reasons for the proposed relocation
- Reasons why the other parent is objecting to the relocation
- History of each parent’s relationship with the child and adherence to or failure to adhere to the allocation plan in place
- Whether there is the extended family at the proposed location or the existing location
- Educational opportunities are evaluated at both the existing and the new proposed location
- The child’s wishes considering their ability to express preferences based on their maturity level
Child Relocation and Parental Abduction
When a parent moves a child out of state or outside the boundaries set by Illinois, that parent is committing a very serious offense that carries with it very serious consequences. Parental abduction and kidnapping is a real problem that results in excessive fines, fees, jail time, and a change in custody or the Allocation Judgment. Even if you have “sole custody”, now referred to as primary parenting time, you must still obtain permission from the other parent.
Don’t let a bitter divorce or unsettled disputes with your ex-spouse cloud your judgment and take your children on the run. This is a dangerous move and is not necessary with experienced child relocation lawyers supporting your case.
If you are the victim of parental abduction, contact Anderson & Boback for help in regaining your rights with your child. Securing the rights of the parent-child relationship is one of the most fulfilling aspects of our law practice.
Anderson & Boback – Experienced Child Relocation Lawyers
If you are considering a move with your child or children out of the state of Illinois or outside the boundaries allowed within the state, or your child’s other parent is attempting to prevent your move, don’t delay speaking with a Chicago family law attorney to explain your options and protect your parental rights.