Tag Archives: child custody

What Should a Divorced Parent Consider Before Deciding to Relocate?

DuPage County child relocation attorneyThese days, with the world at your fingertips through the Internet, it is easier than ever to find a new job or locate a new house, making parental relocation even more likely than it might have been in the past. Unfortunately, after divorce, if you or your ex-spouse decides to relocate, this can further complicate parental responsibilities and parenting time. In fact, custodial issues surrounding relocation require courtroom proceedings in which the ex-spouse requesting a move must demonstrate that the relocation is in the best interest of the child. If any of this is the case with you or your ex-spouse, consider this advice to make sure you and your children continue to have a positive relationship despite the move.

What Happens if You or Your Ex-Spouse Decides to Relocate

Overall, parental relocation usually requires modification of child custody orders and changes to a parenting plan. Relocation often leads to drastic changes in parenting time, and while many couples prefer to simply agree to the terms of these agreements and plans verbally, these types of oral declarations are not enforceable by law. In order to ensure that the rights of all parties are protected, it is usually best to seek the assistance of a lawyer and develop a legally binding agreement. Relocation is especially challenging if one of you wants to move out of state, much farther away from the other ex-spouse and the child’s current location.

What Happens When the Court Gets Involved in Relocation Plans

Parental relocation—and child relocation in particular—might require courtroom intervention. Usually, the parent requesting relocation strongly believes the move will greatly benefit the child, while the other parent may worry that his/her relationship with the child will be adversely affected by the move. In situations like these, it is reasonable for you, your ex-spouse, and your respective lawyers to seek the counsel and subsequent decision of a judge.

In its most basic terms, relocation when a child is involved revolves around the best interests of the child. However, the “best interests” of the child can be subjective and will differ depending on the case. Despite this, the Illinois court case In re Marriage of Eckert established general guidelines for determining the child’s best interests in a relocation case. Here is what the judge will consider when rendering a verdict in these cases:

  • Will the relocation improve the quality of life for both the parent and the child?

  • Why is the parent requesting relocation?

  • Why is the other parent contesting the relocation?

  • How will visitation rights be affected?

  • Will it be practical and unproblematic to continue visitation?

Contact a DuPage County Child Custody Lawyer

Moving to a new home is a major decision that will likely involve changes in your life, your ex-spouse’s life, and your children’s lives. These decisions can have a long-lasting effect on the entire family and should be deliberated upon thoughtfully and carefully. That is why the assistance of an experienced Wheaton, IL parental relocation attorney can be beneficial to you. If you need help with legal matters concerning relocation and child custody, get a complimentary consultation by contacting us at 630-871-1002.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.isba.org/committees/minorities/newsletter/2004/05/relocationincustodyanddivorcegiving

http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_IX/ArtIX.htm

https://casetext.com/case/in-re-marriage-of-eckert-1

What Mistakes Should I Avoid in an Illinois Divorce?

Wheaton, IL divorce attorneyIf you are facing a divorce, you are likely to be plagued with feelings of doubt and uncertainty. While there is no “correct” way to go about the process of ending your marriage, you will want to be sure to address the various legal issues between you and your spouse in a responsible manner. The many decisions that must be made about matters such as the division of assets, marital debt, spousal support, and parental responsibilities could lead to you feel overwhelmed. Although you may be eager to resolve these matters and get the divorce process over with, it is strongly advised to carefully think out every action you take. If certain issues are handled improperly, you may face serious financial repercussions, and your relationship with your children could be negatively affected. During your divorce, it is important to avoid these mistakes:

Being Dishonest

Attempting to hide marital assets, providing your spouse with false financial information, or withholding knowledge from your ex, their lawyer, or the court could result in serious consequences. You may be penalized if you are found to be hiding money or other property, and if it is discovered that you are lying, a judge may consider this behavior when making decisions about property division or child custody. Ultimately, it is best to be as open and honest as possible during the divorce process.

Letting Your Emotions Control You

The dissolution of your marriage is the end of your partnership with your ex. The thought of moving forward into single life can be stressful and overwhelming, especially if you will also be spending less time with your children. Because of these changes, you may struggle with sadness, anger, depression, guilt, and a variety of other emotions. However, it is best to approach your divorce with a professional mindset. Putting emotions aside when addressing the legal and practical concerns of ending your marriage will help you make sure you can start your post-divorce life off on the right foot.

Not Focusing on Your Children

As you concentrate on the multitude of issues that must be addressed during your divorce, you should make sure that you are taking the time to meet your children’s needs. They are also likely to be overwhelmed with the changes that are occurring in their lives, and they are probably uncertain about where they will live and how their relationship with both parents will be affected. Explaining the situation to them in an age-appropriate manner, addressing their concerns, and emphasizing that you love them and will always be there for them can help make the divorce process easier for them and prepare your family for success once your divorce is complete.

Refusing to Compromise

Just like marriage, the key to achieving an amicable divorce is being able to reach agreements with your spouse. Working together throughout the divorce process and agreeing to compromise and find mutually agreeable solutions can make the situation much easier to manage. Mediation and collaborative law are different forms of dispute resolution that can help you and your spouse reach a middle ground.

Contact a DuPage County Family Law Attorney

A divorce can be a complex process that may take a significant amount of time to conclude. To ensure that your rights and best interests are protected throughout the legal process, it is crucial to work with an experienced attorney. At the Andrew Cores Family Law Group, we can provide you with dedicated representation throughout the divorce process, and we will work with you to reach a positive resolution to your case. To schedule a free consultation with one of our knowledgeable Wheaton divorce lawyers, contact our office at 630-871-1002.

 

Source:

https://www.huffpost.com/entry/common-divorce-mistakes_b_6057888

 

Can a Parent Relocate With a Child After an Illinois Divorce?

Wheaton post-divorce relocation lawyerA divorce under any circumstances can be difficult, and when a couple has a child, that can further complicate the process. Typically, parents do not want to give up time with their child once the marriage ends, but changes to children’s and parents’ schedules are a reality of divorce. One parent may be allocated the majority of the parental responsibilities. However, the other parent does have a right to parenting time, which can be addressed with a parenting plan. In some cases, one of the parents may wish to move out of state to be near family members or due to a job transfer or new career opportunity. Depending on the circumstances, child support or parenting time may need to be modified. Therefore, it is important to ensure that parental rights are not violated in any way.

Illinois Divorce Law Pertaining to Relocation

Under Illinois law, if a parent wants to move with his or her child, a written notice must be given to the other parent at least 60 days before the relocation. The relocating parent also needs to submit a copy of the notice to family court for approval. This legal document should contain information such as:

  • The date of the move

  • The location of the new residence

  • How long the relocation will last

If the non-relocating parent gives his or her approval for the move, he or she will sign the legal notice and return it to the relocating parent. The relocating parent must then file the signed notice with the court to finalize it. If the non-moving parent contests the relocation, the other parent must seek approval from the court, which will take several factors into consideration before approving. In general, the court will base its decision on what is in the best interests of the child. Some of these issues include:

  • The reasons for the relocation

  • Why the other parent is objecting to the relocation

  • The positive and/or negative impact of the move on the child

  • The effect the move could have on the non-relocating parent’s rights

  • The kind of relationship each parent has with the child

  • Any order modifications for the continuation of the non-relocating parent’s rights

  • The absence or presence of family members in the current and proposed residence

It is important to note that certain child relocations do not need prior approval. Those parents who live with their child in DuPage, Kane, McHenry, Will, or Cook County can move up to 25 miles away without permission from the child’s other parent. In any other Illinois county, a parent is allowed to move up to 50 miles away. A parent can also move to another state, as long as the move is not any farther than 25 miles from the child’s current home.

Contact a DuPage County Divorce Lawyer

After a divorce, one ex-spouse may move out of state to be closer to family or take on a new job. This can mean a fresh start, but when a child is involved, it can complicate matters. If you are planning to relocate after your Illinois divorce, or if your ex is planning to move with your child, you should seek professional legal counsel to ensure your rights are protected. Our tenacious Wheaton, IL parental relocation attorneys will advise you on all the legal requirements and advocate for your child’s best interests. Call the Andrew Cores Law Group today at 630-871-1002 to schedule your free, confidential consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K609.2