Geneva, Illinois Parental Relocation Attorneys

Lawyers in Kane County for Child Relocation Issues

If you are a parent, your top priority is to provide a safe, healthy, and loving environment for your child. Your child's well-being should play a major role in nearly every decision you have to make. According to child development professionals, as well as Illinois law, your child's best interests generally include healthy relationships with both parents—even if the parents are divorced. With this in mind, Illinois law places limits on how far you can move with your child when you share parenting responsibilities with a former partner.

McSwain Rapp Law, LLC understands the challenges that you may be facing when you have an opportunity to start a new life in a new city or state, especially as they pertain to your parenting plan. We also recognize that asking your former partner for permission to move with your child may lead to a serious dispute. Our attorneys are seasoned litigators with more than 12 years of experience in protecting the rights of our clients, and we are prepared to stand up and fight for you. We also help parents looking to prevent their children from being moved away so that their relationships will not be damaged.

Moving and Relocations in DuPage County

Following a divorce or a breakup between unmarried parents, a parenting plan is likely to be put in place that outlines each parent's responsibilities regarding the child, as well as a parenting time schedule. The courts in Illinois place a great deal of emphasis on maintaining stability for young children, which means that the court will only modify an approved parenting plan if there is a significant change in the family's circumstances. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) provides that moving a certain distance with your child constitutes a significant change for the purposes of modifying a parenting plan. Such a move is statutorily referred to as a "relocation."

In order for your move to be considered a relocation, you must have at least 50 percent of the parenting time with your child and intend to move the child:

• More than 25 miles to a new home in Illinois from a current home in Kane, DuPage, Cook, Lake, McHenry, or Will County;
• More than 50 miles to a new home in Illinois from a current home in any other Illinois county; or
• More than 25 miles to a new home in another state from a current home in any Illinois county.

If your intended move falls below the mileage guideline, you are permitted to move as you see fit. If your move is a relocation, Illinois law requires you to obtain permission from the court first.

Trusted Batavia Family Lawyers

The simplest way to complete a relocation is to seek the other parent's consent. If he or she agrees, the two of you will be expected to revise your parenting plan in such a way that fosters a continued relationship between the child and the other parent. Once this is completed, the court will generally approve the relocation as well. If the other parent refuses, however, you will need to ask the court to override his or her refusal. To be successful, you must show that the move is in the child's overall best interest, despite the challenges that it might create.

McSwain Rapp Law, LLC can also help you protect your relationship with your child if your former partner is trying to move away despite your objections. We realize that standing up to your ex is not easy, and your case may end up in front of a judge. Our attorneys will assist you in demonstrating how the move would negatively affect your child and your relationship with him or her. With our courtroom experience and knowledge of the law, we are equipped to provide the comprehensive representation you need.

Schedule a Free Consultation Today

For more information about parental relocations under Illinois law and how we can help with your case, contact our office. Call 630-581-2877 for a free consultation and case review today. Our firm serves clients in Geneva, St. Charles, Batavia, Elgin, Elburn, Wheaton, Naperville, DuPage County, Kendall County, Kane County, and the surrounding communities.