Arlington Heights and Chicago Parental Relocations Attorney
When a custodial parent decides to move outside of the state of Illinois, a post-divorce modification must be requested and approved by the court. Since a move outside of the state will affect visitation schedules and the parent-child relationship, the court must be convinced that a parental relocation will not harm the best interests of a child.
At the Law Offices of Roger W. Stelk, we represent custodial and non-custodial parents in parental relocations. When necessary, we consult psychologists, counselors, and other experts in determining what is in the best interests of a child in order to leverage our client’s case.
If you’re interested in relocating or are a non-custodial parent interested in challenging the proposed relocation of your children by your ex-spouse, contact parental relocations lawyer Roger W. Stelk today.
The Parent Relocation Process
In general, a custodial parent should follow this procedure in any proposed parental relocation:
- Notification of the non-custodial parent regarding the intent to relocate
- Stated reasons for the custodial parent’s relocation
- Identification of where the custodial parent intends to move
- A proposed new and revised visitation schedule
Parental Relocations – Evaluating the Best Interests of a Child
When determining whether or not a parental relocation is in the best interests of a child, the court will evaluate a number of factors, including objections from the non-custodial parent. In general, the court will consider education opportunities in both locations, whether extended family lives nearby, the extent of a child’s involvement in local activities, and other factors. If the court believes a parental relocation would be too disruptive or contrary to a child’s best interests, they will not approve a proposed relocation.
If a parental relocation is approved, a new parenting plan must be provided. In order to compensate for missed weekly parenting time, the court will likely extend holiday and summer vacation stays. Additionally, the custodial parent may be required to pay for air travel or train expenses.
Non-Custodial Parent Relocations
If a non-custodial parent decides to relocate, a post-divorce modification is still required. Visitation schedules will need to be changed and other issues will need to be addressed as well. While the best interests of the child will still be evaluated by the court, less emphasis is placed on relocations by non-custodial parents.
If you or your ex-spouse is planning to relocate with your children, contact parental relocation attorney Roger W. Stelk today to schedule a free consultation to discuss your case (847) 506-7330.