Plainfield Parental Relocation Attorneys
Parental Relocation Lawyers Serving Kendall County
Relocating to another state or country for employment opportunities or personal reasons is complicated when you share custody of a minor child or children. Even if you are the custodial parent with physical custody of the child, the non-custodial parent has rights that must be addressed prior to the child being removed. At the Kendall County family law firm of Goostree Law Group, we are experienced in representing mothers and fathers in parental relocation matters. We have successfully advocated for and against parental relocations, and we have the skill to effectively represent your interests in court.
Representation for Parental Relocation Matters in Kendall County
If a custodial parent wishes to move a child out-of-state even on a temporary basis, the parent must notify the non-custodial parent in advance. If the non-custodial parent does not agree to the move, the non-custodial parent can take legal action to try to prevent it from happening. The custodial parent must then obtain an “Order of Removal” from the court permitting the move. The court will consider several factors when deciding on whether to issue the “Order of Removal” including:
- Best interests of the child – The court will consider how the move will impact the child’s life positively and negatively.
- Reason for the move – An important reason such as a job transfer or access to health care options is required.
- Visitation options – If and how the non-custodial parent will be able to continue in-person visitation.
- Return of the child to Illinois – In cases involving temporary removal to a foreign country, the court will sometimes require the removing parent to post a bond of some type to secure the return of the child. The bond could be in the form of assets put into escrow.
The burden is generally on the parent seeking the relocation to show the court that the best interests of the child are served with the move, as the court is protective of a non-custodial parent’s rights to in-person visitation. A non-custodial parent that wants to fight a parental relocation also has the option to pursue a modification to the existing custody arrangement, and our attorneys can help you with that.
If you would like to relocate out-of-state and take your child with you or you would like to prevent your child from being relocated, contact us at 630-882-5668 to schedule a free consultation to discuss your legal rights. We will explain how parental relocation works in Illinois, answer your questions, and begin to strategize to meet your objectives. Our firm works with parents throughout Kendall County and the surrounding areas.
