Kane County Parental Relocation Attorneys
Experienced Lawyers for Moving Your Child Out of State
In any legal matter involving a child, the State of Illinois is tasked with making the best interest of the child the top priority. The law, however, also protects the rights of parents, regardless of their marital status or relationship with one another. Such concerns are often made evident when a divorced or unmarried parent seeks to relocate or to move with the child a significant distance to a new home. At Bochte, Kuzniar & Navigato, P.C., we are equipped to assist you in relocating if you wish to do so or, when necessary, contest such a move by the other parent.
Parent’s Relocation Under Illinois Law
For more than 40 years, our knowledgeable attorneys have been helping clients with their child-related legal concerns. We fully understand the law as it pertains to children of divorce, including the most recent updates which introduced the concept of the allocation of parental responsibilities. The amended law also provided clarification regarding relocation with a child and how such moves must be handled by parents and the court. According to the Illinois Marriage and Dissolution of Marriage Act, a relocation is a change of residence from the child’s current primary residence:
- In Cook, DuPage, Kane, Lake, McHenry, or Will Counties to a new residence in Illinois that is more than 25 miles from the current residence;
- In any other Illinois county to a new residence in Illinois that is more than 50 miles from the current residence; or
- In any Illinois county to a new residence outside of Illinois that is more than 25 miles from the current residence.
A parent seeking a relocation must either obtain the written consent of the other parent or absent such consensus, a court order, prior to the move. Existing orders regarding parental responsibilities or child custody must be modified to accommodate the significant change in circumstances such a move represents.
Issues with Parental Relocation in Illinois
The court will take a number of factors into account when making a determination, including the good faith reasons for each parent’s position. During the proceedings, the court must consider the parent's reason for seeking the move, including employment opportunities, educational opportunities for the child and access to extended family. The other parent’s reasons for objecting to the move must also be taken into account, including the possible impact on parenting time and the parent’s long-term relationship with the child. When you need assistance in proving your case to the court, no matter which side you may find yourself, our compassionate team is ready to help you.
Experienced Kane County Family Lawyers
If you are currently considering divorce or are in the midst of a child-related legal matter, contact Bochte, Kuzniar & Navigato, LL, today. We will work with you in finding a solution to your case that both protects your rights and meets your child's need. Call (630) 377-7770 to schedule your free consultation. Our firm is proud to serve clients throughout the Fox Valley area, including St. Charles, Geneva, Aurora, Wheaton, Naperville, Elgin, DuPage County, Kane County, DeKalb County, and Kendall County.