Chicago Child Removal and Relocation Lawyer

ready for school Americans are more transient than ever. If a residential parent has to relocate for a new job opportunity or a new marriage, he or she will need to seek the court’s approval to remove children from the State of Illinois.

What does a court consider when deciding whether a child can leave the State of Illinois?

Many trial judges consider removal ore relocation to be the one of the toughest decisions he or she has to make. Among the factors which must be balanced and weighed for a trial court to grant removal are:

  1. The circumstances and reasons for the intended relocation;
  2. The reasons, if any, why a parent is objecting to the intended relocation;
  3. The history and quality of each parent’s relationship with the child, including the exercise of parental responsibilities.
  4. The educational opportunities of the child at the current location and the proposed location;
  5. The presence or absence of extended family at teh current location and at the proposed location;
  6. The anticipated impact of the relocation on the child.
  7. Whether the court can reasonably allocate parental responsibilities between the parties if relocation if granted;
  8. The wishes of the child, given the child’s maturity and ability to express reasoned and independent preferences;
  9.  Possible arrangements for the exercise of parental responsibilities considering parental resources and circumstances and development of the child;
  10. Minimization of  the impairment of a parent-child relationship to the non-moving parent if relocation is granted; and
  11. Any other relevant best interest factor. Whether a realistic and reasonable visitation schedule can be reached if the move is allowed.

Relocation impacts parenting allocation rights and parenting time (visitation) and how the non-moving parent’s will be able to remain “in the flow” of a child’s life. A move to another state will impact the education and medical care of a child as well as relationships with family and friends.

Protecting Your Parental  Rights in Child Relocation Cases

If you are trying to move to another state or prevent your child’s other parent from moving to another state, you need an experienced lawyer to explain the law to you. Protect your child’s interests, contact Law Offices of Annette M. Fernholz at (312) 683-0308 or send an e-mail to discuss your circumstances.