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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Elmhurst Parent Child Relocations Attorneys

Addison Parent Child Relocation Attorneys

Lawyers in DuPage County for Out of State Moves by a Divorced or Custodial Parent With a Child

As a parent, you probably make meeting your child's needs one of your top priorities. Your child's best interests and well-being affect just about every choice you make in a given day. Family relationship experts and Illinois courts generally agree that a child fares best after a divorce when both parents continue to play a positive, active role in the child's life, regardless of how well the parents get along with each other. For this reason, the law in Illinois places limits on how far a parent can move with his or her child after a divorce or paternity determination. Depending on the circumstances, however, it may be possible for a parent and child to move to a new city or state. 

If you have the opportunity to move out of the area but are subject to a parenting plan or a child custody order due to your divorce, we can help. The skilled attorneys at Wakenight & Associates, P.C. will assist you in taking the necessary steps toward building your new life. We can also help you protect your parental rights if your former partner is trying to move to a new city or state with your child. 

Trusted Family Law Attorneys in Villa Park and Lombard

When a couple with children gets divorced in Illinois, the divorce judgment or settlement must include arrangements for how the couple will divide parental responsibilities. Often called a "parenting plan," these arrangements specify how the parents will make important decisions for the child, as well as a schedule for each parent's parenting time. Once a plan is in place, the court will only modify the arrangement if there is a substantial change in the family's circumstances. This is because stability is an important element of raising a happy, healthy child.

Under Illinois law regarding parental responsibilities, if you have at least half of the parenting time, you are free to move with your child within a certain radius from your current home without seeking approval from the other parent or the court. If you intend to move outside of that radius, however, the move is considered to be a significant change in circumstances. The law calls such a move a "relocation" and defines a relocation as:

  • A move of more than 25 miles from a home in DuPage, Kane, Cook, Lake, McHenry, and Will County to a new home in another part of Illinois;
  • A move of more than 50 miles from a home in any other Illinois county to a new home in another part of Illinois; or
  • A move of more than 25 miles from a home anywhere in Illinois to a new home in another state.

Parental Advocates in Western Springs and Burr Ridge

There are many reasons why you might want to move out of the area with your child, including employment, educational opportunities, or the presence of extended family. If your move would be a relocation, however, it must be approved by the other parent and a new parenting arrangement must be presented to the court. If the parent does not approve the move, you can ask the court to allow the relocation anyway. Our lawyers have more than 95 years of combined family law experience, and we will help you show the court that your relocation will ultimately serve your child's best interests. We will also work with you in developing a new parenting plan that fosters a continued relationship between your child and the other parent.

If your former partner is trying to move out of the area with your child and you believe that the move will be detrimental to your child, we can help you take action as well. Our attorneys recognize the importance of the relationship that you have with your child, and if the relocation will threaten that relationship, we will assist you in protecting your parental rights and your child's best interests.

Contact a Member of Our Team Today

To learn more about our firm and our approach to parental relocations in Illinois and out of state, contact our office. Call 630-852-9700 for a free consultation at any of our three convenient locations. Our firm represents clients in Elmhurst, Oak Brook, Lombard, Western Springs, La Grange, Rolling Meadows, Kane County, and DuPage County.

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