Tag Archives: parenting time

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

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

 

What Will a Judge Consider When Creating a Parenting Plan?

DuPage County parenting plan attorneyThe health and well-being of a couple’s child should always be a top priority when ending a relationship or going through a divorce. During this process, a parenting plan will be created to make decisions and establish rules that the parents should follow regarding issues such as the allocation of parental responsibilities and parenting time. Parents can save a lot of time and money by working together and addressing these matters prior to facing a judge. However, if a couple cannot come to an agreement, the judge will be required to make legally binding decisions that would reflect the best interests of the child.

Decision-making Responsibilities

The allocation of parental responsibilities, which was formerly known as child custody in Illinois, refers to the right to make decisions about a child’s upbringing. Illinois law recognizes four areas of parental responsibility: education, healthcare, religion, and extracurricular activities. Unless both parents agree in writing about how to divide these responsibilities, the judge may allocate certain areas of decision-making authority to one parent or have both parents share the responsibility. In most cases, it is beneficial for children to have both parents participate in making decisions about how they should be raised, so a parent may need to have justifications as to why he or she believes certain areas of responsibility should or should not be shared.

Determining Parenting Time

Illinois law states that parents are presumed to be fit and that they have the right to have reasonable amounts of parenting time (formerly known as visitation) with their children. Unless there is evidence that spending parenting time with one parent would put a child in danger, there may not be any restrictions on parenting time for either parent. Ideally, parents should work together to determine a parenting time schedule that gives children a good amount of time with each parent, but in some cases, the judge may need to allocate parenting time based on what is in children’s best interests.

Factors a Judge May Consider

If parents cannot reach an agreement about matters related to their children, the ultimate decision may be left up to the judge in their case. When determining how to allocate parental responsibility and parenting time, the judge may consider the following factors:

  • The child’s needs

  • The child’s relationship with each parent

  • The child’s adjustment to life at school, home, and the community

  • The parents’ and child’s wishes

  • Each parent’s amount of parental responsibilities prior to the separation, as well as the amount of time each parent spent caring for the children

  • Whether or not one of the parents is a convicted sex offender

  • The distance between the parents’ homes, coupled with the cost and difficulty of going back and forth

  • Whether or not any parenting time restrictions are necessary

  • The mental and physical health of everyone involved

  • Any prior physical violence or threats towards the child or another household member

Additionally, any factors deemed relevant by the judge may be included in the deliberation. Before allowing the court to make a major decision on your behalf, it is highly recommended to speak to an experienced lawyer. Separating on good terms and establishing a pattern of trust for your child could result in a much happier future.

Contact a Wheaton Child Custody Attorney

Children’s stress and anxiety may decrease if they can see their parents working together with the goal of putting the children’s health and happiness first. If you are able to work with your former partner to reach a decision that benefits your child, this may result in a better outcome then letting an impartial third party decide on how your family’s affairs will be handled. However, if you and your ex-spouse cannot agree upon a parenting plan, our experienced DuPage County divorce lawyers can advise you on the best course of legal action. For a free consultation, please call our office at 630-871-1002.

Sources:

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