Essential Things to Consider Before You Relocate with Your Children

 Posted on January 18, 2023 in Child Custody / Parental Responsibilities

While getting a divorce is never easy, it is often even more complicated if the divorcing couple has children. When a couple decides to get divorced, it is not entirely uncommon for one of the spouses to move away from where they lived during their marriage. This is often seen as a necessary first step in starting a new beginning and clearing their mind of the heartache they went through during the divorce. While it is true that moving can positively impact someone's mental health post-divorce, you must tread carefully if you are considering taking your child with you.

In Illinois, a parent cannot simply pack all their and their children's things and relocate somewhere far away without first getting the court's permission. Parental relocations are in no way guaranteed or automatic. For example, suppose your ex-spouse wishes to stop you from relocating, and they have been granted a share of the parenting time. In that case, the court will likely conduct a thorough analysis of the situation before reaching any decision. The court's eventual ruling will, in large part, be related to the best interests of the child. So, if you have gotten divorced and are interested in relocating with your child, contact an experienced attorney to ensure your rights remain protected and that the best interests of the child are kept at the forefront of all decisions made. 

How Are the Best Interests of the Child Determined? 

Courts are more likely to grant a parent's relocation request over the objection of the opposing parent only if it is found that the relocation will be in the best interests of the children involved. When determining if the relocation would be in the children's best interests, the court may consider various factors. These factors may include the following:  

• Child's adjustment – The court will look at how well the child is currently adjusting to their environment, including their home, school, and community. 
• Child's wishes – Figuring out whether the child wants to move is also an important consideration that the court will consider. Dependent on the maturity and age of the child, the expressed wishes of the child may carry more or less weight.
• Feasibility of visitation – The court is required to consider how the proposed relocation is likely to affect the existing visitation schedule—also known as a parenting time schedule—between the parents. Furthermore, the court will look at the expense and feasibility of transporting the children back and forth, as well as the inclination of the parents to cooperate in preserving their child's current relationship with the other parent. Additionally, the daily schedules of all parties will also be considered.
• Physical and mental health of all involved – The court will look to ensure that the child's health will be cared for despite the relocation. Moreover, the court will also examine if the mental and physical health of the parents will affect the child if the relocation is approved. It is important to note that there are many other factors that the court in Illinois may find relevant when deciding whether to approve a parent relocating with children, regardless of whether the other spouse objects. 

Contact a Cook County Parental Relocation Attorney

If you are interested in relocating with your child, consider contacting the compassionate Rolling Meadows parental relocation lawyer with The Law Offices of Curtis Bennett Ross, L.L.C.. Attorney Ross will work with you every step of the way to ensure you and your child's rights are protected and respected throughout the process. Call 312-984-1514 today for a free limited consultation.

Source:

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