Relocations and Child Custody

After a divorce or after unmarried parents separate, one parent may wish to relocate for work-related reasons or other purposes. If the parent wishes to move with a minor child, it may impact the visitation rights of the other parent.

If you are seeking to relocate or trying to stop a relocation that would affect your relationship with your child, Schaffer Family Law, Ltd., is here to protect your rights. With law offices in Naperville, we have extensive experience handling complex and sensitive Allocation of Parental Responsibilities (known as Child Custody before January 1, 2016) and visitation matters for clients in Illinois, across the U.S. and throughout the world.

Illinois Relocation Laws

A distant move can interfere with visitation arrangements. Illinois law requires the primary residential parent to obtain the consent of the other parent or court approval before relocating with a child in excess of a certain amount of miles (depending upon which part of the state you currently live in). Courts consider several factors when ruling on these cases, including:

  • The reason for the move
  • The likelihood the move will improve the child's quality of life
  • The visitation history of the noncustodial parent
  • The likelihood that a workable visitation schedule can be established

The parent who wishes to move must provide compelling evidence that demonstrates the benefits of the move. If you are hoping to move, we can help you seek the consent of the other parent or petition for court approval on your behalf.

If you are trying to stop a move that will adversely affect the time you spend with your child, we can provide you with the strong advocacy you need. David N. Schaffer, as an appointed member of the Illinois State Legislatures's Family Law Study Committee, actually authored the relocation portion of the new family law statutes.

Contact an Experienced Lawyer Today

With more than 30 years of experience, we have helped many clients protect their parental rights in relocation and removal issues. We encourage you to contact us online or call us at 630-922-4500 to schedule an initial consultation with an experienced Naperville family law attorney.