Custodial parents who intend on moving out of state must first petition the court to modify the terms of their existing child custody agreement. Failure to do so will result in a contempt order, creating additional legal complications that may affect custody arrangements. At Schlesinger & Strauss, LLC, we work closely with custodial and non-custodial parents in matters related to parental relocations and post-divorce modifications. Since the court will consider what is in the best interest of a child, information and documentation involving the financial impact of a move, proximity to extended family members, schools, extra-curricular activities, and a new parenting plan will have to be considered. If the court believes relocation is not in the best interests of a child, it will not approve the proposed child custody modification.
If you are the custodial or non-custodial parent and need information on what your rights and obligations are in regard to child custody and parental relocations, contact Libertyville child custody modification attorneys at Schlesinger & Strauss, LLC, today.
Considering a Parental Relocation and the Best Interests of a Child
By law, a parent wishing to relocate his or her children out of Illinois permanently, must notify the non-custodial parent regarding any planned or proposed relocation. The custodial parent must indicate the proposed date of the move, as well as the exact location of their new address. Afterward, a parenting plan must be submitted indicating how visitation will be handled if the relocation is approved.
In turn, the court will consider the following kind of issues in determining if the move is in the best interests of a child:
- Any differences in educational opportunities
- The proximity of other family members
- Any religious affiliations that could be effected
- Involvement in extracurricular activities
- Quality of medical treatment if a child has a health condition
- Improvement or loss in income after relocation
- Other factors
The court is experienced in ferreting out attempts on the part of custodial parents to move and get a non-custodial parent out of a child’s life. Just because a custodial parent does not like the other parent is not enough to justify a parental relocation.
The above does not apply to temporary removals, such as vacations or day trips to another state. However, the other parent should be notified of the planned itinerary and provided with a telephone number where the child can be reached.
Visitation and Parental Relocations
When a parent relocates to another state or moves far within the state, a new visitation schedule must be proposed and accepted by the court. If the court approves a parental relocation, a new parenting time plan may involve a child spending more holidays and most of summer vacation with their non-custodial parent. In this regard, a parenting plan should take into consideration the loss in weekly interaction with a child as a result of a parental relocation.
Contact Our Child Custody Modification Attorneys
If you are thinking of relocating or are a non-custodial parent who has received notification your ex-spouse intends to move, contact Libertyville child custody modification attorneys at Schlesinger & Strauss, LLC.