Aurora Child Relocation Lawyer

Aurora Child Relocation Attorney

Even when both parents agree on a relocation, it can still be challenging for the child. When parents can’t agree, and mediation or court hearings are necessary, more stress is added. Work with an Aurora child relocation lawyer to make the process smoother and ease the strain it puts on you and your child.

Schaffer Family Law, Ltd., has more than 38 years of experience in Illinois family law. David N. Schaffer also has rare knowledge in international family law and can assist clients with the added difficulties that moving internationally brings. Whatever your needs, work with him to achieve your goals.

Factors to Consider in a Relocation

When negotiating relocation, both parents should consider the many factors that might affect them and their child. Many of the same factors a Judge will use to determine whether to allow relocation.

• Distance of the move. A simple move from Oakhurst to Fox Valley might not be very contested, but moving out of Aurora to Minnesota can be a lot more complex. The desired distance will affect the legal requirements for the move and can play a role in the emotional health of your child.
• Reason for relocation. To be approved, most relocation requests should have a good reason. A better school for your child or needing to move for work to support the family are both common reasons for a move. Just wanting to move or trying to intentionally get away from the other parent might not be as easy to do.
• Child and parent relationships. How close your child is with each of their parents, as well as other close relationships they may have in the area, matters a lot.
• Parenting history. A Judge may consider how well each parent has adhered to the parenting agreement, and if there have been other disputes or issues before.
• Child’s age and opportunities. Studies show that the more a child moves, the more they may struggle later in life. This potential downside should be balanced by what opportunities the move provides for improving their education, health, and overall well-being.

Meeting Relocation Requirements

When planning to move with your child, there are legal requirements to consider. If you have a parenting agreement, it may limit how far you’re allowed to move. Sometimes an agreement needs to be modified, which can only be done by a court order.

Thankfully, Illinois often ranks among the top five states for the fewest divorces in the country. However, there are still single parents facing relocation, and meeting these requirements helps them pursue that goal.

In all cases, the relocating parent must provide written notice of their intent to move within 60 days of the relocation date. The other parent should respond to this either by agreeing, negotiating, or disputing the request entirely.

How far you’re planning on moving can affect what steps you’re required to take. Longer moves often require a full court hearing, even if both parents agree to the move.

When both parents can’t agree, mediation or a court battle might be required. This is when most people hire a child relocation lawyer to help strengthen their case. But you don’t have to wait until a dispute arises. You can contact an attorney as soon as you know you will want to relocate in the future.

Hire a Child Relocation Lawyer

Not taking all the proper steps for relocation now can hurt your parental rights significantly. Additionally, a move that doesn’t benefit the child can damage their well-being and your relationship with them.

These cases are complex, and it’s often hard for parents to see the big picture since there are so many emotions swirling around. When you choose to work with an attorney from Schaffer Family Law, Ltd., you choose to help yourself and your child. A lawyer can help you:

• Understand all the requirements of a relocation
• Know how to advocate for the needs of yourself and your child
• Have representation in court appearances for the dispute
• Handle the added complexity of international or long-distance moves

FAQs

Can My Ex Keep Me from Moving to Another State?

Your ex cannot directly keep you from moving to another state, as the court has final say in child relocation cases. However, if your ex doesn’t agree with your intent to move, it can lead to a lengthy court battle. If the Judge denies your move, you must comply with their order.

How to Be Successful With a Child Relocation Case in Illinois?

There is no set way to be successful with a child relocation case in Illinois. You can make your case stronger by having good reasons to move and considering what will be best for your child. Working with an Aurora child relocation attorney can help achieve a positive result with your case.

What Is the Biggest Mistake in a Relocation Battle?

The biggest mistake in a relocation battle is relocating without permission. In some cases, you may even be held in contempt of court for doing so and be ordered to return to your previous home. This might also cause a Judge to modify parenting agreements or limit your access to parenting time with your child.

Can Children Always Choose Who They Live With?

Children under 18 cannot always choose who they live with in Illinois. A Judge may consider their wishes, especially for older children, but many factors go into deciding who is the primary residential parent. Courts try to make this decision in favor of the best interests of a child. To understand what the outcome may be given the circumstances of your child, speak with an attorney who can evaluate your specific needs.

Aurora Child Relocation Lawyer

Dealing with separate households and split parenting time is already hard enough on a child and their parents without a lengthy relocation battle. Whether you intend to relocate or want to keep your child nearby, work with an attorney who knows the challenges you face and how to help you.

Working in Naperville, Chicago, and the surrounding area, attorney David N. Schaffer is an established family lawyer in Illinois. He brings a focused commitment to personal treatment for each one of his clients. To get the help you need, contact Schaffer Family Law, Ltd. today. It’s the first step in protecting your family and advocating for your child’s future.