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Kane County Child Custody Parent Relocation Lawyers

Elgin parent child move away attorney

Attorneys Handling Parental Move-Away Cases in St. Charles and Geneva

When one parent wants to relocate with children, the other parent will often try to block the move. Any good parent will be concerned that the time and expense of long-distance travel could significantly impact the amount and quality of parenting time and could damage the parent-child relationship. If the court ultimately approves the move, the parenting plan including parenting time, will need to be renegotiated.

Whether you are the parent wishing to relocate or the parent staying in place, you need to be prepared to argue your case and work toward a compromise that maximizes your time with your child under the best conditions possible.

At Weiler & Lengle P.C., we support the right of both parents to maintain a close relationship with their child. If you are seeking to relocate with your child, perhaps for a better job or to be closer to family, we will focus on detailing the benefits of the move to support the argument that the benefits outweigh any potential harm. If you are seeking to block a relocation, we will do the opposite. In either case, we will work diligently to negotiate a modified parenting plan that will meet your goals and satisfy your co-parent.

When presented with this situation, consult us immediately to discuss your options.

Illinois Law on Parent Relocation With Children

Illinois divorce law (750 ILCS 5/609.2) includes several provisions related to parent relocation.

  • How is relocation defined? Illinois law defines three types of relocation: (1) In-state move more than 25 miles from child's current residence in the Chicago metro area, (2) In-state move more than 50 miles away, or (3) Out-of-state move more than 25 miles away.
  • Who can seek a relocation? A parent who has primary physical care of a child, or a parent who has been allocated equal parenting time.
  • What notice of a move is required? At least 60 days' written notice must be provided to the other parent.
  • A parent's relocation constitutes a substantial change in circumstances, meaning you can request a modification to your existing allocation of parenting time and responsibilities order and your child support order.

Arguing a Relocation of Children

The court is required to weigh a long list of factors to determine whether to approve a parent's petition to move and how to modify the parenting plan in an equitable manner. When a Weiler & Lengle P.C. attorney represents you in a relocation case, we will develop the strongest possible arguments for your point of view on each of these factors:

  1. The reasons behind the parent's relocation
  2. The reasons the other parent objects
  3. The history and quality of each parent's relationship with the child.
  4. The educational opportunities for the child at the old and new locations
  5. The presence of extended family at the old and new locations.
  6. The anticipated impact of the relocation on the child.
  7. The wishes of the child
  8. How the parents now share parental responsibilities
  9. The ability to fashion a reasonable allocation of parenting time if the relocation occurs
  10. Minimizing the impairment to a parent-child relationship due to the move
  11. Any other relevant factors bearing on the child's best interests

Knowledgeable Child Relocation Lawyers in St. Charles, Illinois

If you or a co-parent is planning a relocation with your child, contact the attorneys of Weiler & Lengle P.C. as soon as possible so we can discuss your options. Contact us in our St. Charles office at 630-382-8050. We serve clients in Kane County including the communities of Batavia, Elgin, Geneva, Pingree Grove, and St. Charles.

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