DuPage County Child Custody Removal Attorney
With increased job mobility and professional opportunities, more and more divorced couples with children face difficult choices regarding child custody arrangements. When one parent with physical custody of a child wants to move out of state or to the other side of Illinois, the Court usually must decide if the child can go along.
Illinois Custody Attorney Handling Move-Aways
Wolfe & Stec, Ltd. has frequently represented clients in custody disputes involving sole custody, joint custody, move-aways and parental relocations. If you are a parent who wishes to relocate with your child or if your ex-spouse wishes to relocate, our firm can represent you.
Call us at 630-305-0222 for a free initial consultation. Our attorneys can evaluate your situation, explain the legal process, and outline your prospects for achieving the results you desire.
No Easy Solution
How the Court Makes Custody Decisions
Custody rights cases involving parental relocations are almost always difficult. Sometimes we can negotiate a fair and workable agreement with the other party. For example, we may be able to achieve a solution in which the child spends school months with one parent, and the summer months with the other parent.
In most cases however, there is no easy solution, and the matter ends up in court. The court has wide latitude in this decision, because the laws of Illinois do not provide a great deal of guidance other than that the decision should be based on “the best interests of the child.” The court will carefully examine all aspects of the proposed move and the effect it will have on the child, such as:
- What type of contact has the non-custodial parent had with the child?
- Where do the child’s extended family members live?
- Will the proposed move adversely affect the child’s education or medical care?
- What is the motivation of the relocating parent in making the move?
As in an initial child custody dispute, it may order a child custody evaluation. The court will also carefully consider the arguments made by the attorneys for the parents.
Wolfe & Stec, Ltd. understands how courts decide custody rights disputes — what they look at and the weight they place on various factors. We will seek to develop a strong and persuasive case on behalf of our client — one designed to obtain the best outcome possible, for both our client and the child.
No two child custody cases are alike. Each has a unique set of circumstances both parents must navigate, and the emotional nature of custody disputes makes it difficult for even the most rational person to make clear decisions. You need an experienced family law attorney to offer advice and be your advocate.
What Happens if a Custodial Parent Wants to Move Away?
You Still Have Rights
Even if you don’t have primary custody of your child, you still have rights as a parent. If the custodial parent wants to move out of state, they cannot legally do so unless they’ve been approved by the court or by you. If you do not approve, the relocating parent must file a petition with the court.
You can also file your own petition. This petition might propose an alternative parenting plan, but in some cases, you might choose to petition to become the custodial parent. The content of your petition is critically important — the more detailed and persuasive your argument is, the more likely the judge will be to consider your request. A knowledgeable family law attorney can discuss your wishes with you and then help you clearly communicate them through a petition.
Frequently Asked Questions
Handling child custody when one parent is relocating can be extremely difficult. These are some of the questions people often ask:
Does the court always have to get involved if the custodial parent moves?
No. If the non-custodial parent approves of an out-of-state move, the court doesn’t have to be involved. If the other parent does not approve, the relocating parent must petition the court.
What if the custodial parent relocates without informing the other parent or the court?
If this happens, the custodial parent may lose custody rights and/or be charged with parental kidnapping.
How can an attorney help in a custody dispute?
A child custody attorney can put together an argument for why granting you custody is in the child’s best interests. They also can help you negotiate with the other parent or their legal representation.
How is parenting time determined if a parent moves?
The relocating parent must submit a proposed parenting plan along with their petition to the court. If you disagree, you may submit your own plan for the court to consider.
Handling custody disputes when one parent wants to relocate can be complex. Whether you are the custodial parent or not, securing quality legal representation is absolutely critical.
Why Choose Us?
If you’re dealing with a child custody dispute, you know that having legal representation is essential. However, you don’t need just any lawyer — you need a family law attorney who can empathize with your situation while fiercely advocating for you in the courtroom.
At Wolfe & Stec, Ltd., we understand that child custody cases are much more than logistical challenges — your relationship with your child is at stake. That’s why we commit ourselves fully to our clients. We take the time needed to build a compelling case for you, and if you ever need to reach us during your case, we’re here for you.
For a free initial consultation with Wolfe & Stec, Ltd. regarding a custody rights dispute, call 630-305-0222, or contact us online.
