At Glasgow & Olsson, we understand the urgency of custody situations and strive to resolve them efficiently and amicably to avoid costly and time-consuming disputes. Our priority is to protect your rights and interests and represent you in and out of court as your advocate. Our ultimate objective is to work with the court to create practical orders that empower you to make the best choices for your family’s future.
If you need to relocate due to life changes, you can schedule a consultation with Glasgow & Olsson at 847.577.8700. Our team of attorneys has more than 50 years of combined experience in child custody cases and serves clients in Cook, Kane, and DuPage counties, as well as the entire Chicagoland area.
You will have to prove two elements to relocate with a minor child.
Courts will generally presume that it is best to leave the child living where they presently reside, however that can be proven otherwise. Custodial parents who file a petition to relocate a minor child essentially must prove two separate elements. First, a judge must be convinced that the family’s current environment is at least somewhat undesirable for the child’s best interests. For example, perhaps the noncustodial parent is abusive and it is best to move away from them in the interest of safety. Second, the custodial parent must show that the proposed new residence would be a substantial improvement. For example, perhaps the custodial parent is moving closer to their extended family or into a better school district. Again, the primary consideration in any custody determination is what plan is in the child’s best interest.
The noncustodial parent only needs to disprove one of those two elements.
On the other hand, the parent who is challenging the relocation petition may only need to disprove one of these elements. If the former spouses are fairly effective co-parents, the children are reasonably well provided for and well-adjusted, and there are few or no concrete benefits associated with relocation, a judge may hesitate to grant a petition. This is because a court will always presume that joint custody is in the child’s best interest until proven otherwise.
The court will consider a wide range of factors when determining if a relocation is in the child’s best interest.
In divorce cases, a court may include an Order of Removal in the decree when parties want to relocate within Illinois to another county. However, if one party wishes to move, they must submit a petition and the court considers various factors, such as the current visitation schedule, the motives of both parents, the impact on the noncustodial parent’s contact with the children, and the potential benefits to the children’s quality of life. Similarly, if a parent plans to take the children out of the country, a judge may require some form of security to ensure their return. Generally, a judge may approve a relocation if it is necessary to protect the child’s safety or well-being, due to employment, or to seek medical treatment in another state.
Glasgow & Olsson’s Divorce Trial Lawyers are Ready to Help.
If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.