Unmarried and divorced parents face many difficulties regarding how to best provide for their children over time. One of more difficult challenges can be dealing with one parent’s desire to relocate, either within Illinois or out of state, particularly if that parent maintains primary physical custody of the couple’s children.
At the Law Office of Van A. Larson, P.C.¸ located in Batavia, Illinois, we understand the challenges divorced parents face and are ready to help you whether you are looking to move or looking to keep your children close to you.
It is generally assumed under Illinois law that both parents will foster a continuing relationship with their children. Therefore, a custodial parent looking to move out of Illinois with the children must have either the permission of the non-custodial parent or the approval of the court to proceed. In deciding whether to grant permission to move, the court will consider factors including but not limited to:
The burden of proof generally remains with the parent seeking the move, and if the court determines the move to be in the child’s overall best interest, permission to move will be granted.
Statutorily, there is no similar requirement for court approval if the proposed move is within the state of Illinois. In such a situation, a non-custodial parent’s only option may be file a petition to modify the existing custody arrangement on the basis of the child’s best interests.
Attorney Van A. Larson has helped hundreds of family law clients over his career. With over 39 years of experience, he is prepared to provide top-quality legal services to those dealing with difficult child custody disputes. As a client, you can rely on his personal attention to your case, as he is committed to working with to find the solution that best meets your child’s needs. At the negotiating table or in the courtroom, you deserve the representation that only a skilled professional can provide.
If your child’s other parent is attempting to move away with your child, and you believe your relationship with the child will be negatively affected, you cannot afford to wait. Contact the Law Office of Van A. Larson, P.C. today to discuss your options. Call 630-879-9090 to schedule your free initial consultation and put our experience on your side.
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Weekends and evenings by appointment. All phone calls and emails promptly and personally responded to and advise if emergency.
Phone: (630) 879-9090