Child custody becomes even more complicated when you or the other parent wants to move away. It is not that easy to pick up and move away with a child when the other parent is still in the picture. Depending on where a parent wants to go, they will need consent from the other parent before such a move can be made.
Our Frankfort attorneys have worked with many parents attempting to resolve relocation issues. Reidy Law Office LLC’s legal team has extensive knowledge in this complicated area of law and understand the fragility of this situation on both sides. Our highly qualified family lawyers can help you if you are currently involved in a parental relocation issue.
According to 750 ILCS 5/609.2, any parent who has equal parenting time can seek to relocate with the child. However, when one parent decides to move away with a child it causes a significant change in circumstances. For at least one parent, the designated parenting time that they have been allotted by the court may become significantly less. The court does not take this matter lightly and always keeps the best interest of the child at the forefront. Before deciding in these cases, the court will first determine matters such as:
Parents who are looking to relocate must provide at least 60 days’ notice to both the other parent and the court. A Frankfort attorney can further describe the requirements related to relocation as well as the factors the court will consider.
Not all moves require consent. For example, a small move across town that will not significantly change the circumstances of the child or impact the parenting time of the other parent is generally not going to raise an issue. It is only when there is a drastic change and the parents cannot come to an agreement, that the court will intervene.
However, in any case, the law requires consent from the moving parent under the following circumstance. Essentially, when they move more than 25 miles (in some counties it is 50 miles) from their home. If this happens, you will need to provide at least 60 days’ notice to both the court and the other parent, giving the other parent the right to object.
Since these moves create such a huge change from the previous situation the court will need to modify the original parenting agreement. For example, perhaps instead of having more frequent physical contact with the child, the other parent will have less frequent contact for longer stretches of time such as winter, spring, and summer vacations.
In all cases, the court tries to maintain parenting time with both parents as equitably as possible. A lawyer in Frankfort can help you understand what your options for relocation are, and what steps you can take to make sure you miss out on as little parenting time as possible.
Coming to an acceptable arrangement in relocation cases is never easy. These are sensitive, and sometimes, painful situations. No one wants to be separated from their child. Speak to an experienced relocation lawyer in Frankfort today. Our attorneys could answer any questions you have and help you understand your rights. Call Reidy Law Office LLC at (708) 942 – 8428 to learn more about how we can help you.