Relocation of custodial parent

Chicago Child Custody Attorney

Illinois Laws regarding Relocation of Custodial Parent

Following the divorce, custodial parents who seek to relocate must first obtain court approval by requesting a modification of the existing child custody agreement.  In-state relocation is usually met with little or no opposition by the court.  However, it may cause a change in the obligations to transport the child(ren) to and from the other parent for parenting time.

When a custodial or residential parent seeks to relocate outside of Illinois, the court will carefully consider the impact of the custodial parent’s removal of the child out of the state, with emphasis on the impact that the move will have on the other parent’s visitation rights.  The parent requesting removal must prove to the court that: the move will enhance the parent’s and child’s quality of life, whether or not a realistic and reasonable visitation schedule can be reached if the move is allowed, that the motives of each parent have the child’s best interests in mind, and that it is in the best interests of the child(ren) to have a healthy relationship with both parents.

Chicago child custody attorney, Elliot Heidelberger represents custodial parents wishing to relocate as well as non-custodial parents seeking to prevent the other parent’s relocation.  He understands that child custody issues are highly-charged, emotional issues and we will take the time to learn more about your specific situation.  Since the court will take into account the best interests of the child in determining whether to permit or deny a removal request, Mr. Heidelberger will consider a wide range of issues that will be affected by the move, such as financial impact, proximity to extended family members, available schools and extracurricular activities, proximity to friends, and disruption to the current visitation plan.

Out-of-state relocation and in-state relocation of a considerable distance will often require a new visitation schedule.  Skilled Illinois child custody lawyer, Elliot Heidelberger has considerable experience assisting clients with the modification of child custody and visitation schedules.  Under Illinois law, noncustodial parents are generally granted some amount of visitation rights and the current visitation schedule will be considered when the court determines whether to grant or deny a relocation request. Factors affecting visitation rights include:

  • The ages of the children
  • The contact the non-custodial parent  had with the children prior to the visitation schedule
  • Whether the non-custodial parent can care for the child alone if the child is an infant or toddler

If you are currently requesting or disputing an out-of-state, or long distance in-state relocation, Illinois visitation modification attorney Elliot Heidelberger can provide you with effective and experienced legal counsel.  He will attempt to negotiate a modified visitation schedule between his client and the other parent.  If a mutual agreement regarding modified visitation rights cannot be reached, he will vigorously advocate on your behalf in a court of law.

To learn more about how we can help you with a request for relocation or a dispute to requested relocation, contact Elliot Heidelberger at our Naperville or Hanover Park offices (847) 497-5020