214 1/2 S. Washington Street, Naperville, IL 60540

Child Removal
Roscich & Martel Law Firm, LLC

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Naperville Child Relocation Lawyers

naperville child removal lawyers

Attorneys Representing Your Parental Rights in Child Removal Cases Throughout DuPage, Will, Kendall, and Kane Counties

After a contentious and financially draining divorce, many parents may seek a new beginning for themselves and their children. Some parents have no choice but to relocate due to financial strain, some merely wish to move near family, and some may have ulterior motives. Unfortunately, immediate relocation is seldom an option when you and an ex-spouse have entered into a binding child custody (or allocation of parental responsibilities) agreement.

Child Removal and Relocation Factors in Illinois

When a child's primary residential parent seeks to relocate out of Illinois, the Illinois Supreme Court requires the family court consider the following five factors:

  • The likelihood the proposed move will enhance the quality of life for the custodial parent and children;
  • The motives of the custodial parent in initiating the move;
  • The motives of the non-custodial parent in attempting to prevent the move;
  • Whether a realistic visitation schedule can be set for the non-custodial parent; and
  • The potential harm to the children as a result of the move and reduced involvement of the non-custodial parent.

No one factor is determinative, and the family court will have to balance each of these factors in order to determine whether a proposed move is in the best interest of the children.

2016 Changes to Child Relocation in Illinois

In 2016, the Illinois law was changed to refer to the "relocation" of the parent rather than the "removal" of the child. Under the new law, parents who have majority or equal parenting time wishing to move the child needs to provide written notice to the other parent if he or she wishes to move than 25 miles away if he or she lives in Cook, DuPage, Kane, Lake, McHenry, or Will County, or more than 50 miles away in another other county in the state.

If the parent who is not moving does not object, he or she signs the notice and then the parent who is moving would file the notice with the appropriate court. If, on the other hand, the parent who is not moving objects to the move or simply fails to sign the notice, the moving parent would need to petition the court for permission to move with the child.

Ensuring the Best Interests of Your Children During Relocation Proceedings

Child removal and relocation proceedings present one of the most complex aspects of Illinois family law, as the courts are required to weigh the rights of parents, children, and the children's best interests in making a determination. The issues are seldom black and white, and such proceedings can result in drawn-out litigation through the appellate court system, which may affect your children's emotional health. Do not get caught up in a lengthy legal battle when the well-being of your children is at stake. Contact experienced and compassionate child removal and relocation attorneys today.

Discuss Your Options in the Midst of Child Relocation

If you are considering filing for child relocation or seeking to prevent the removal of your children, contact the Roscich & Martel Law Firm, LLC. We are a trusted family law firm that has been working in Illinois since 1973. Contact our office today for a free, confidential, and no-risk consultation at 630-355-5222. Do not settle for less than the best when you family's well-being may be at stake. We serve clients in Aurora, Plainfield, Bolingbrook, Wheaton, Warrenville, Winfield, Downers Grove, Lisle, and throughout the area.

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