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Rolling Meadows Child Relocation Attorney

Rolling Meadows Attorney For Child Relocation or Removal in Cook County, Illinois

Addressing family law issues can be a complex and emotionally difficult experience, especially in cases involving children. While issues related to the allocation of parental responsibilities may be addressed during a divorce or separation, there are some situations where child custody orders may need to be modified. These may include cases involving child relocation in which a parent plans to move to a new home in a different city. For parents who are planning to move or those who need to address the potential removal of their child from the area where they live, it is crucial to work with an experienced attorney who understands the nuances of child relocation laws in Illinois.

At Ann O’Connell Law, Ltd., we have a deep understanding of Illinois family law, and we can provide legal help for parents who need to address concerns related to child custody and parenting time. We take a compassionate approach to legal representation in these matters, aiming to achieve outcomes that will protect the best interests of the children involved.

Understanding Child Relocation in Illinois

In Illinois, there are specific parameters that determine when a move with a child is considered to be a relocation. For residents of Rolling Meadows and other parts of Cook County, relocating more than 25 miles from the home where the child currently lives requires legal permission. This law ensures that significant moves do not disrupt the child's life unnecessarily or affect the other parent's ability to spend parenting time with the child on a regular basis.

When a parent wishes to relocate with their child, they must first notify the other parent in writing at least 60 days before the planned move, if possible. If they expect to move in less than 60 days, they must notify the other parent as soon as would be practical. This notification should include the intended new address, the expected duration of the relocation, and the date of relocation. A parental relocation request may include any adjustments to the parenting plan that may be necessary. For example, parenting time schedules and transportation arrangements may need to be adjusted to account for greater distance between the parents' homes.

If the non-relocating parent agrees to the move and the new parenting plan, the process may be relatively straightforward. They may sign the relocation notice, and the couple may file an agreed new parenting plan in court. The judge in their case will remove these proposed modifications, and if they determine that the relocation will be in the best interest of the child, the request will be approved. However, if the parents disagree about what changes should be made to the parenting plan, or if the non-relocating parent wishes to contest the relocation and prevent the removal of their child, further court proceedings will be necessary.

Factors Considered in Child Relocation Cases

When a child removal request is contested, a hearing will be held where each parent may present arguments and evidence supporting their claims. A judge will consider a variety of factors to determine whether the request should be granted or denied, and they will make decisions about what modifications may be made to the parenting plan. The issues considered may include:

  • The child's needs: The judge will consider the emotional, physical, and educational concerns that may affect a child.
  • The reasons for the relocation: The judge will examine the motive behind a parent's decision to relocate to determine whether they are acting in the best interests of their child.
  • The other parent's reasons for objecting: The judge will also evaluate the non-relocating parent's reasons for opposing the move, considering whether they may be concerned about how the move will affect their relationship with their child.
  • The quality of each parent's relationship with the child: The judge may consider the nature and extent of each parent's involvement in their child's life, including whether the non-relocating parent has failed to follow the existing parenting time schedule and spend sufficient amounts of time with the child on a regular basis.
  • Impact on the child's future: The potential effects of the relocation on the child's well-being, education, and family relationships will be considered, including whether they will have more opportunities for education or activities at the new location or whether they will be closer or farther away from extended family members.
  • Any other factors that may affect the child's best interests: Ultimately, the judge will seek to minimize disruptions in the child's life while ensuring that they can maintain close relationships with both parents.

Contact Our Rolling Meadows, Illinois Child Relocation Attorney

At Ann O’Connell Law, Ltd., we understand the complexities and emotional challenges involved in child relocation cases. We are committed to providing effective legal representation for parents in these cases. We always ensure that children's best interests are at the forefront of our legal strategies. If you are considering relocating with your child, or if you need to respond to a relocation request from the other parent, contact us at 847-859-6222 and set up a free consultation to learn more about your legal options and how we can assist with your case.

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