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Questions You Should Ask Before Relocating With Your Child
Relocation can be a great opportunity for you and your child after a divorce. However, courts do not grant relocations without significant consideration first. Before you move forward with a parental relocation, you should make sure that it is in the best interests of your family, especially your child.
At Shaw Sanders, P.C., we have experience handling complicated child custody cases involving relocations. If your co-parent does not agree to the relocation, you may have to petition for a relocation in a hearing. Our Illinois family law attorneys can guide you through the process and address any concerns from the court.
Will It Infringe on the Other Parent’s Rights?
A relocation made in bad faith is unlikely to be approved. This means that if you are moving to cut your co-parent out of your child’s life, your petition may be denied. In Illinois, both parents have a right to reasonable parenting time unless either one poses a risk to the child.
The court can also consider "the impairment to a parent-child relationship" when deciding whether to approve or deny a relocation. However, if the other parent routinely fails to exercise his or her parental responsibilities, that can also be factored into the judge’s final decision. At Shaw Sanders, P.C., our child custody lawyers can make a good-faith case for your right to relocate.
Will It Improve the Child’s Quality of Life?
A career opportunity is a valid reason to want to relocate with your child. However, the move must also stand to benefit your child as well. The courts will consider whether the child has access to equivalent or better educational opportunities at the new location.
Additionally, if your child has special needs, a judge might also consider whether there are resources to support him or her at the potential new residence. Your petition for relocation may be called into question if it offers no material benefit for your child. Our attorneys can highlight the positives of the move, such as a better school or specialists who can address your child’s needs.
Will the Child Be Able to Adjust?
Lastly, you should consider how this move will impact your child’s mental health. Moving can sometimes present a serious disruption, leading to feelings of confusion, alienation, or isolation. If your child is already deeply entrenched in your local community, you may have to fight harder to get your relocation approved.
The court is authorized to consider a child’s wishes in a parental relocation case, though it will not be the only factor. If the child has extended family at the new location who can act as a positive influence, the proposed move might be given greater consideration.
Contact a Kane County, IL Parental Relocation Attorney Today
At Shaw Sanders, P.C., our St. Charles, IL child custody lawyers can discuss your relocation prospects with you in a private setting. If your relocation petition goes to court, we will advocate for you to the fullest extent of the law. Call our offices at 630-584-5550 to set up a free initial consultation today.
630-584-5550