Schaumburg Child Relocation Lawyer

Family Law Attorneys for Relocation of Custodial Parents in Northwest Cook County

A divorce brings with it a lot of changes, which can be tough for both parents and children to adjust to. If either you or the other parent are planning to move during or after your divorce, this can raise some complex legal issues, and it may affect decisions related to the allocation of parental responsibilities and parenting time. In these situations, it is vital to make sure you are represented by a qualified and experienced attorney.

A. Traub & Associates is a family law firm that helps parents with child custody cases and other issues that may arise during the divorce process or in the years after a marriage is dissolved. Whether you want to relocate or prevent your ex-spouse from relocating, we can ensure that you understand your legal rights, and we will provide you with strong and effective representation throughout the entire legal process. Our attorneys always have the best interests of your children in mind, and we will work tirelessly to protect important family relationships.

Parent/Child Relocation in Illinois

After completing the divorce process or establishing a parenting agreement as unmarried parents, children will divide their time between both parents' homes. Because parents will have limited time with their children, either parent may be opposed to changes in the parenting schedule that would result in less parenting time. If one parent decides to move to a new home, the other parent may disagree with the relocation if they think it would hurt their bond with their kids.

While disagreements related to a parent's plans to move may arise, these will generally only result in legal disputes if a move can be classified as a "relocation" under Illinois law. The law defines a relocation as:

1. A move to a new home that is more than 25 miles from a parent's current home in Cook, DuPage, Lake, Mchenry, Kane, Will, or Lake County.
2. A move to a new home that is more than 50 miles from a parent's current home in an Illinois county not listed above.
3. A move to a new home outside of Illinois that is more than 25 miles from a parent's current home in Illinois.

In cases where a parent with a majority of parenting time plans to move, and their move would be classified as a relocation, they must notify the other parent in writing, and a copy of this notice must also be filed in their local family court. This requirement also applies if parents share equal parenting time. Notice must be provided at least 60 days in advance of the move, although if this would not be possible, notice must be provided at the earliest possible date. When notifying the other parent and the court, a parent may propose modifications to the couple's parenting plan, such as adjustments to the parenting time schedule or the transportation arrangements for children.

After the other parent receives notice of the relocation, they may agree to the proposed modifications, or the parents may discuss the issue and come to mutual decisions about any changes that may be made to their parenting plan. If necessary, they may participate in mediation and work to resolve any disputes related to a planned relocation. If they are able to reach an agreement, they may file their modified parenting plan in court. A judge will review the agreement, and if they decide that the modifications will protect the children's best interests, the new parenting plan will be approved and put into effect.

If parents cannot agree on modifications to their parenting plan, or if one parent is seeking to prevent the other parent from relocating, a hearing will be held to determine whether the relocation will be approved and to decide what modifications to parenting time or the allocation of parental responsibilities will be necessary. In these cases, a judge will consider multiple factors as they determine what solutions will be put in place, including the reasons a parent wishes to move, the other parent's objections, the history of the parents' relationships with their children, the opportunities for education or other pursuits that will be available to children at each location, how a move may impact children's relationships with extended family members, and any other factors that may affect the children's best interests.

Contact a Schaumburg Parental Relocation Lawyer

If you are planning on relocating to a new home with your children, or if you want to safeguard your relationship with your children after your ex-spouse moves, our attorneys can help you determine your legal options. We will advise you on the best steps to take to protect your parental rights while ensuring that you will be able to continue to provide for your children's best interests. Contact A. Traub & Associates today at 630-426-0196 and arrange a confidential consultation with a qualified family law attorney.