Child Removal & Relocation Attorneys
A parent may need to relocate out of state for a variety of reasons. Examples include a need to move for career or educational opportunities, to obtain specialized medical care for an illness, to serve in the military, or in order to be closer to extended family. When a parent who wants to move has a child with an ex spouse or from a former relationship, a court order allowing the out-of-state move must be obtained prior to the move.
Belleville Child Removal and Relocation Lawyers
An out-of-state move has the potential to interfere with court-approved custody and visitation arrangements, so it is not unusual for the parents to disagree. This often leads to litigation at a most inconvenient time, given the desire of one parent to move and the equally strong desire of the other parent to keep the child close. In Illinois, a custodial parent has the burden of convincing the court to allow the child to be moved to another state.
Illinois courts use these factors to decide whether parental relocation to another state should be allowed:
- The likelihood that the move will enhance the general quality of life for both the custodial parent and the child
- The motives of the custodial parent in seeking the move (to determine whether the removal is merely a ruse intended to defeat or frustrate visitation)
- The motives of the noncustodial parent in resisting the removal
- The visitation history of the noncustodial parent
- Whether a realistic and reasonable visitation schedule can be developed in the event the move is allowed
Parental relocation requests can be difficult, given the emotions involved. The move (removal) will not be permitted unless the parent seeking it provides thorough evidence establishing the benefits of the move for both the parent and child, as compared to the benefits to the child of staying in Illinois, closer to the other parent. Such issues as the type of housing, job opportunities, quality of neighborhood and school, activities for the child, and a well-considered plan to keep the child bonded with the parent who remains in Illinois must be addressed.
If you are seeking to move with your child to a new location, away from your child’s other parent, you cannot just pack up and leave. You must gain the consent of the other parent and/or the permission of the court.
At Hipskind & McAninch, we represent parents on both sides of this issue: the custodial parent who wants to move away and the parent who prefers the current residential situation. Removal (relocation) cases can become extremely difficult because there is so little room for compromise. That is why you need the experience of our lawyers. Removal cases are often more highly contested than custody cases.
Contact an experienced child removal and relocation attorney at Hipskind & McAninch for a FREE initial consultation so that we can discuss the case and your options. We understand that you may need assistance beyond the usual 9 to 5 business hours, which is why we ask that you call whenever you need legal assistance at 618.641.9189 (IL) or 314.312.2930 (MO). We are available 24 hours a day 7 days a week.