How to Put a Stop to Child Relocation After Divorce

 Posted on April 15, 2019 in Child Custody

You just received an email from your child’s other parent, telling you he or she plans to move out of the city or state with your child. When this happens, it leaves many parents with a sense of irreparable dread and a feeling of helplessness. Now what? How can this be stopped?

Per Illinois 750 ILCS 5/609.2, a parent who has majority parenting time or a parent who has been awarded equal parenting time can petition the court for relocation, which is considered a substantial change in circumstance. The parent wishing to relocate with the child must give written notice to the other parent 60 days in advance, including the date, the address of the residence, and length of time if the relocation is not intended to be permanent. A copy of this written notice must be sent to the circuit court as well. Many parents fail with this simplest of tasks: properly notifying the other parent and the court 60 days before they move. As such, the court may see them unfit to carry out such a relocation.

Fighting Relocation of a Child

When petitioning the court for permission to relocate, the court will always make a decision in what the judge believes to be in the best interest of the child. Factors that will be analyzed include:

• Reasons for moving;
• Reasons that you, as the objecting parent, have for not agreeing to the relocation;
• History and quality of relationship that the child has with each parent;
• Educational opportunities for the child in the current location versus the proposed location;
• Presence or absence of extended family and support at the current versus new location;
• Wishes of the child;
• Whether the objecting or staying parent will be able to visit the child; and
• Whether the staying parent’s relationship with the child will be impaired if the relocation occurs.

As such, the best ways to fight relocation include proving to the court that:

• Your relationship with your child will be damaged because of the move;
• The new location does not provide substantially better prospects for education;
• The move will harm your child’s emotional and psychological well-being due to losing friends, family, and community; and
• In general, relocation is not in your child’s best interests.

A Wheaton, IL Family Law Attorney Can Help

You can fight relocation, whether your child’s other parent has full custody or custody is shared, by contacting a skilled DuPage County child custody and relocation attorney from the Andrew Cores Family Law Group. Call us today at 630-871-1002 to schedule a free consultation.

Sources:

https://www.psychologytoday.com/us/blog/thinking-about-kids/201007/moving-is-tough-kids

http://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm