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Livas Law Group

Illinois Parental Relocation Attorneys

DuPage County parental removal lawyers

Skilled Out of State Removal Lawyers Serving DuPage County

When a parent wants to move with his or her minor child a significant distance or out of Illinois, he or she must meet certain criteria set forth by Illinois law in order to show to that the move is in the child's best interests. This is not uncommon after a divorce, legal separation, dissolution of a civil union, or determination of parentage/paternity. The child custody and parental responsibilites in a divorce. We know how to help all parents protect their rights and properly represent them in relocation actions.

Our attorneys can help you file or dispute a relocation or request. Since we understand what the courts will examine in granting or denying the request, we know how to properly prepare you for the process and help you maximize the ability to obtain a favorable outcome for you and your child.

Initiating a Parental Relocation Request

Recent updates to the law in Illinois have provided specific definitions regarding the types of moves that are considered parental relocations. According the Illinois Marriage and Dissolution of Marriage, a relocation is any move by a parent with his or her child:

  • More than 25 miles to a new home in Illinois from a current residence located in Cook, DuPage, Kane, Lake, McHenry or Will Counties;
  • More than 50 miles to a new home in Illinois from a current residence located in any other Illinois county; or
  • More than 25 miles to a new home outside of Illinois from a current residence anywhere in Illinois.

When seeking a parental relocation, the burden of proof rests on the parent desiring to move. We can work with you to help substantiate your purpose for moving your child. We can also give you a realistic picture of how the courts may view your decision. If the other parent does not consent to the move, the court may still allow it to proceed upon examination of all relevant factors, including:

  • The possible impact of the move on the child;
  • Whether the move will improve overall quality of life;
  • The motives for moving the child;
  • The motives of the other parent for objecting to the move;
  • The presence or absence of extended family in both the current location and the proposed new residence; and
  • The plan for maintaining a visitation or parenting time schedule with the other parent.

Determining the best interests of a child is subject to the judge hearing the case and how he or she interprets the reason for the move. It is important to hire an attorney who is familiar with how the courts operate in your jurisdiction because they are able to leverage that knowledge to put you in the best possible legal position.

Parentage can also impact your ability to move with your child. If paternity is established, the father of the child has the right to dispute a removal, assuming he has not exhibited behavior that is harmful to the mother or child, has been regularly exercising visitation/parenting time, and has been compliant with his or her child support obligation.

Handling Parental Relocation Disputes in Illinois

If you do not agree with the other parent's decision to relocate with your child and are concerned about your parenting time rights, the family law attorneys at the Davi Law Group are available to provide assistance. We are able to use legal tools, such as restraining orders, to temporarily halt a relocation while we investigate the motives for the move. Successful blocks to relocations are ones that prove that the move will have a detrimental effect on the parent-child relationship, a reasonable parenting time schedule cannot be established, or impact on the other parent of not having access to the child regularly.

Contact an Attorney Who Understands, Call 630-657-5052

At the Davi Law Group, we believe in fighting for the sincere desires of our clients and the best interests of their children. Please contact us today to schedule an initial consultation. We will listen to the details of your matter and explain our approach at no charge, which has a value of up to $325.00. Schedule an appointment today at one of our offices in Wheaton, Chicago, Naperville, Plainfield, and Joliet, Illinois. We look forward to serving you and your children.

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