Child custody issues are often overwhelming for everyone involved, notably if you are afraid you will be unable to see your children as often as you like. Such custody issues may be even more stressful if one parent has to relocate, as relocation may affect custody agreements and create new potential problems.
For help resolving these problems, get in touch with an Orland Park relocation lawyer as soon as possible. The Reidy Law Office LLC legal team knows how to handle the impact of parental relocations on child custody questions, and one of our dedicated family attorneys could represent you both in and out of court to help protect your parental rights and pursue a positive outcome.
750 ILCS 5/600 defines relocation in the context of family law as any physical change in a child’s primary residence to another location more than 25 or 50 miles away, depending on the county of the child’s current residence. Relocation issues may arise even if a parent wishes to move a relatively short distance. If you have a potential move on the horizon, it is vital that you speak with a dilligent attorney immediately if you are a move, Relocation in the court may take several months.
750 ILCS 5/609.2 dictates that any parent who has a minimum of equal parenting time with their child may seek to relocate with that child. As a relocating parent, you—or the Orland Park attorney representing you—any must first provide a minimum of 60 days’ notice to your child’s other parent and file a copy of the notice with the court.
If the other parent objects, you must file a court petition seeking permission for the relocation. The court could then decide how to modify any previously established custody arrangement to fit the best interests of the child, typically based on factors such as the reasons for relocation, the relationship of the child with each parent, and the anticipated impact of relocation on the child.
Typically, Illinois requires parents to submit a parenting plan to assist the court in deciding child custody issues, as noted in 750 ILCS 5/602.10. This plan must contain specific provisions relating to each parent’s proposed parenting time with their children, and provisions for resolving any issues arising from a parent’s future relocation.
If one parent has primary custody of a child and wishes to relocate, the child’s other parent may see them less regularly, notably if the parent with primary custody moves to another state. As part of a parenting plan, you or your spouse could work with your individual Orland Park attorneys to ensure that any relocation should be accompanied by periodic visits back to Illinois. You may also propose mediation as a way to resolve any disputes stemming from relocation.
While moving could be difficult even in the best of times, relocation in the midst of a child custody dispute may be notably disruptive and leave both parents wondering what the impact on their custody rights and parenting time could be. An Orland Park relocation lawyer who is familiar with Illinois law and procedure on child custody issues could answer any questions you may have and work with you to protect your custody rights. Call Reidy Law Office LLC today at (708) 942-8428 to start exploring what may be possible in your situation.