Child Custody and Relocation

It is common knowledge that divorces take a toll on everyone involved. Indeed, dealing with the legal aspect of a divorce is usually just the beginning. However, having adequate legal representation from the start can avoid major problems down the road. There are many moving parts to a divorce, some have short-term consequences, and others are like time bombs waiting to go off. This means that the same emotional turmoil that accompanied the initial divorce proceedings will come back with a vengeance.

Take child custody, for example. Many times, it happens that one parent gets legal and physical custody of the child, and the other spouse has extensive visitation rights. This set-up is very common and works well for many divorced families. However, there numerous cases where custody becomes an issue if the custodial parent wants to move out state.

Parents with full custodial rights have the legal right to move the children out of state. On the other hand, if the parent who has visitation rights objects to the move, they have to go back in front of the judge and ask for an order prohibiting the custodial parent from moving the child out of the state. This usually entails hiring an experienced litigator who will engage in extensive fact gathering and go through the necessary motions to schedule a hearing with the judge.

In these hearings, Illinois family law will be applied to the facts presented by the attorneys in order to determine whether the relocation is in the best interest of the child. But, determining what is in the child’s best interest is often difficult.

Of course, a family law attorney experienced in Illinois removal rules would likely have addressed these issues at the outset. If you are going through a divorce, consult an Illinois family law attorney.