Kane County Relocation of Custodial Parent and Child Attorneys

St. Charles Custodial Parent Relocation Lawyer

Relocation Lawyers Serving Elgin, Batavia, and Aurora

In Illinois, a parent with primary resisdential parental responsibilities have the right to relocate with his or her children, but he or she must notify the other parent of the plan. If the other parent agrees with the relocation, the issue is moot and the relocation can proceed as planned. If the other parent does not agree, however, approval from the court will be required to relocate.

At the Kane County family law firm of Goostree Law Group, we are experienced in handling child relocation cases. We represent both sides of these disputes, and we strongly advocate for our clients’ interests and the best interests of the children involved.

Litigating Child Relocation Matters in Kane County

According to Illinois law, a relocation is defined as a parent's move with a child that is:

  • More than 25 miles to a new home in Illinois from a current residence in Cook, DuPage, Kane, Lake, McHenry, or Will County;
  • More than 50 miles to a new home in Illinois from a current residence in any other county; or
  • More than 25 miles to a new home outside of Illinois from a current residence anywhere in the state.

When parents disagree on the relocation of a child, the court must step in to litigate the matter. In Illinois, the burden of proof is on the parent wishing to relocate to show that the relocaion with the child will be in the best interests of the child. The court will consider a number of different factors when determining the best interests of the child, including:

  • Will the move improve the child’s quality of life?
  • Is there a good reason for the move? (i.e. employment opportunity, access to medical treatment)
  • Why is the other parent fighting the relocation?
  • What is the current visitation/parenting time schedule?
  • Can a reasonable parenting time schedule be achieved after the move?
  • Will the other parent’s parenting time be significantly diminished?
  • Will the child suffer harm from less parenting time with the other parent?

Proving that a move is in the best interests of the child can involve showing that the child will live in a safer neighborhood, will have more family around, will go to a better school, and the family will have more resources because of a better paying job, for example. In some cases, it is challenging to quantify improvement to quality of life for the child, but our attorneys are skilled in meeting the burden of proof in these cases. In many cases, the court will approve an Order for Removal if an arrangement can be made for visitation with the other parent to increase in duration as it decreases in frequency. For example, rather than spending weekends with the other parent, the child might spend the entire summer break.

Illinois law requires that whenever a move constitutes a relocation and is permitted by the other parent or the court, the current parenting plan must be amended to reflect the new circumtances. This ensures that both parents continue to remain in compliance with their duties and responsibilities.

If you or your child’s other parent wishes to relocate with your child, contact us at 630-584-4800 to schedule a free consultation. We will examine the circumstances of your custody arrangement and how a possible relocation could affect that arrangement. Our attorneys will answer your questions and work with you to devise a strategy to protect your interests. We work with clients throughout Northern Illinois, including Kane County and the surrounding areas.

Contact Us

Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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