Aurora, IL Parental Relocation Attorneys

Dedicated Lawyers for Child Relocation and Child Custody Modifications in Aurora, Illinois

While a parenting plan put in place during a divorce or family law case is meant to address a family's situation going forward, there are some cases where modifications may be necessary. When a parent decides to move with their child to a new city, a different county, or another state, this could affect the child's ability to spend time with the other parent on a regular basis. Parental relocation cases often involve strong emotions, since both parents will want to protect their bond with their child.

Whether you are the parent seeking to relocate or the parent opposing the move, it is essential to understand your rights and the legal requirements that will apply in your case. Illinois law outlines specific rules for parental relocation, and failing to follow them properly could lead to a variety of legal issues. At The Law Office of Matthew M. Williams, P.C., we represent parents on both sides of relocation disputes. We can help you present a compelling case to the court while focusing on the best interests of your child.

When Is a Move Considered a Relocation?

Under Illinois law, not all moves are considered "relocations." A move qualifies as a parental relocation if it meets the following criteria:

• The parent resides in Cook, DuPage, Kane, Lake, McHenry, or Will County, and they will be moving at least 25 miles away from their current residence.
• The parent resides in any other Illinois county, and they will be moving at least 50 miles away from their current residence.
• The move is outside Illinois, and they will be moving at least 25 miles away from their current home.

If the proposed move meets any of these conditions, a parent who plans to relocate with their child must follow specific legal steps to obtain permission from the court.

Legal Requirements for Parental Relocation

If you are the parent seeking to relocate with your child, you must provide formal notice to the other parent and the court. A written notice of your intent to relocate must be provided to the other parent at least 60 days in advance of the planned date of the relocation. The other parent must be informed of the intended date of relocation, the new address. If the relocation will be temporary, the length of the relocation may also be specified.

After serving the notice to the other parent, you must file a copy with the court. If the other parent agrees to the relocation, both parties can sign the notice, and the court will generally approve the move unless it is clearly not in the child's best interest. If there are any objections, a hearing will take place to determine whether the relocation should be allowed.

Court Considerations in Relocation Cases

When a relocation is contested, a judge will evaluates whether the proposed move is in the best interests of the child. Factors they may consider include:

• The stated reasons that a parent is planning to relocate
• The reasons for objecting to the relocation
• The quality of each parent's relationship with the child
• The educational and social opportunities available in the new location
• The methods that may be used to preserve the relationship between the child and the non-relocating parent
• The presence or absence of extended family at the new location
• The impact on the child's well-being

The judge may make modifications to the couple's parenting plan as needed, including adjusting parenting time schedules or providing instructions for the transportation of children between the parents' homes.

The Role of Guardians ad Litem and Evaluators

In some cases, a judge may appoint a guardian ad litem (GAL) or a custody evaluator to conduct an independent assessment of how the proposed move might affect the child. These professionals may interview both parents, the child, teachers, counselors, and other relevant parties. They may review school records, living arrangements, and other factors.

At The Law Office of Matthew M. Williams, P.C., we can help clients prepare for these evaluations by providing guidance on how to interact appropriately with the GAL or evaluator. We can help present a full picture of the family's situation so that the judge will be able to make decisions that will protect the child's best interests while preserving important family bonds.

Contact Our Aurora Child Relocation Lawyers

Whether you are planning to relocate with your child or have received notice that the other parent intends to move, you will need to take the right steps to address these issues and protect your parental rights. At The Law Office of Matthew M. Williams, P.C., we can provide the legal representation you need in these cases, making sure you follow all of the applicable laws while advocating for solutions that will provide for the best interests of your child. Call 630-409-8184 or contact our Aurora, IL parental relocation lawyers to schedule a free consultation.