Wheaton Parental Relocation Lawyer

Child Relocation Lawyer in DuPage County

Parental relocation, also known as child relocation, occurs when a parent who has primary custody of a child moves to a new location. In Illinois, the court system takes parental relocation very seriously, as it can significantly impact a child's well-being and their relationship with the other parent. Therefore, any parent who is looking to relocate with their child must have a complete understanding of the procedures and protocols that must be followed. If you are looking to move with your child, or if you need to address plans by your child's other parent to relocate, a family law attorney can help you address this issue correctly.

At Fawell & Fawell, our trusted family lawyer has the knowledge and experience to assist clients who are looking to relocate with their children or who need to contest a relocation request. In addition, we understand the ins and outs of Illinois family law, and we are highly qualified to assist with your case and guide you toward achieving your goals.

Does a Parent Need Court Approval to Relocate With Their Child?

There are a few factors that must be considered in these situations, including the county where a parent currently lives with their child and the distance they plan to move. If a parent currently lives in Will, McHenry, DuPage, Kane, Cook, or Lake counties, also referred to as the collar counties of Chicago, and they will be moving less than 25 miles away from their current residence, they will not be required to seek court approval for the move. Even if a parent plans to move out of state but will still be within 25 miles of their previous home in one of the collar counties of Chicago, court approval will not be needed.

If a parent currently lives in one of the collar counties and wants to relocate somewhere over 25 miles away, they must seek court approval for the move. In cases where a parent does not live in one of the collar counties, they will not need to seek court approval for a move 50 miles or less away, but moves of over 50 miles will require approval.

When planning to move, a parent must notify their child's other parent in writing, and this notice must also be filed with the court. If the move will require modifications to a parenting plan, these modifications must be approved, and a judge will review them to determine whether they are in the child's best interest.

Does the Other Parent Need to Approve a Relocation Request?

A parent is required to notify their ex-spouse or their child's other parent at least 60 days in advance of the date that they plan to relocate. If plans are made to move within less than 60 days, notice must be provided as early as possible. If the other parent does not object to the move, it will most likely be approved by the court, as long as it is determined to be in the best interest of the child. If the other parent objects, a hearing will be held, and a judge will decide whether to approve or deny the relocation request and what modifications should be made to child custody and/or parenting time.

What Are the Reasons a Parent May Choose to Relocate?

Since Illinois courts take child relocation very seriously, the parent looking to relocate will need to provide a valid reason for why they wish to move to a new home. For example, a parent may wish to relocate because of a new job with significantly increased economic benefits, to live closer to extended family members, or so that their child can pursue educational opportunities. In any event, the court will consider whether the move will benefit the child's life and how it may affect the child's relationship with the other parent. Ultimately, the court's primary concern is the child's well-being. If the parent looking to move fails to provide the court with a sufficient reason why the relocation would be in the child's best interest, the court may deny the request.

Contact a DuPage County Parental Relocation Attorney

For the highest quality legal representation available as you address issues related to parental relocation, contact the skilled and dependable family lawyer of Fawell & Fawell. You can find our office across the street from the DuPage County courthouse. Call us at 630-871-2400 for a free consultation today.