Child Relocation

Moving out of state can provide many people with a fresh start, especially after a divorce or child custody proceeding. Sometimes people need to move to another area of the same state or a different state altogether. Most moves are due to a job transfer, family needs, or for the protection of a child. Moving (i.e. what courts call “relocation”) issues often arise after a divorce or custody case has been finalized and after a parenting plan has been entered. However, sometimes one person wants to move prior to a divorce or parentage proceeding (i.e. where parties are not married but have children together).

If you are a parent seeking to relocate to a different state or to another area of Illinois that is more than 25 miles from your current residence, you will need persmission from either the other parent or from the court. Before taking any affirmative steps in moving, it is imperative that you seek legal advice from the knowledgable child relocation attorneys at The Law Office of Tiffany M. Hughes to understand your legal rights and obligations. Our attorneys will strategize and prepare you in advance of your desired move, to ensure that you have the best legal advantage possible.

What Factors Does the Court Consider?

While the court has no control over where each parent decides to live, the court has the power to decide whether your child can be removed from the state or relocated more than 25 miles from your current home. Some of the factors the court will consider in deciding whether your child should relocate with you include the following:

• The reason for the requested relocation
• The reason the non-relocating parent is objecting to the relocation
• Where the minor child’s extended family resides
• The educational opportunities available to the child at their current residence and at the new requested location
• History of each parent’s relationship and involvement with the minor child
• Whether each parent has been following the parenting plan and acting in the best interest of their child, and
• The wishes of the child (based on their maturity level and if they are able to express their preference)

Can I Object to the Other Parent Relocating With My Child?

If you are the parent not moving, who is seeking to keep your child in Illinois or within 25 miles of where your child currently lives, you need to contact The Law Office of Tiffany M. Hughes to help you protect your parental rights. Our highly experienced attorneys will provide you with the legal representation you need to obtain the best possible outcome for you in court.

Contact Us Today

Child relocation can be one of the most emotionally charged issues in a divorce or parentage case. If you are a parent who wishes to relocate, or if you are the other parent who objects to the relocation of your child, it is imperative you obtain legal representation immediately.

For more information on how the reputable family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you through the legal process of child relocation in Cook, DuPage, Kane, Lake, McHenry, Will and other surrounding counties, contact us today to schedule your complementary consultation at 773-893-0228.