Following a divorce, disputes often arise when a custodial parent contemplates moving out of state or at a great distance from the current location. The custodial parent must get permission from the noncustodial parent or the court. However, the noncustodial parent may try to block the move or petition the court to at least grant joint custody. The Arami Law Office represents custodial and noncustodial parents in child removal or relocation disputes throughout the greater Chicago area. We understand that any legal proceedings involving children must be handled with delicacy and professionalism. You can rely on us for quality legal representation and emotional support.
Many divorced parties believe a fresh start in another location is the best thing for them. They may want to pursue a new relationship or career opportunity. The court cannot prevent a custodial parent from moving to another state or a different city in Illinois, but it does have jurisdiction over the children and can stop a custodial parent from removing the children, disrupting the visitation schedule and causing hardship to the noncustodial parent.
A negotiated solution is usually preferable, because it gives the parties control over the outcome rather than leaving it in the hands of the court. In our family law practice, we’ve been able to negotiate timesharing arrangements that allow relocation in exchange for joint custody. Under such a plan, children spend the school year with one parent and summers and certain holidays with the other parent. Courts are amenable to negotiated agreements, provided none of the terms is contrary to the best interests of the children.
If the parents are unable to reach a negotiated solution, the parent favoring removal can file a petition to relocate with the family court, citing the benefits of the move and how they outweigh the burden on the relationship between the children and the noncustodial parent. Factors the court may consider favorable include:
In addition to the potential damage the move could cause to the relationship between the children and the noncustodial parent, the judge looks at the totality of the arrangement to determine if it would have any other detrimental effects.
The Arami Law Office represents parents on both sides of relocation disputes inside the Loop and throughout Chicago, Illinois. We understand the magnitude of these issues and deliver quality legal services and emotional support. To schedule a consultation, call us today at 312-212-1399 or contact our Chicago office online.
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