A Highly Experienced Trial Lawyer for Parents in Orland Park, Joliet, Will County, Tinley Park, and Frankfort
If you are thinking about moving to another state with your children, or if you object to your children being moved out of the State of Illinois by the other parent, you will have to settle the matter through a child relocation case. To effectively navigate such a case, consult a skilled attorney who has decades of experience handling these delicate, often highly contentious legal matters. Attorney Roland P. Ernst has achieved positive outcomes on both sides of child removal cases for over 37 years. You can trust his solid grasp of parental relocation issues, as well as his passionate advocacy and client commitment.
If you need to move with your child from the State of Illinois, Attorney Ernst will advise you of the factors that the court will look at to allow the removal and will help you present a persuasive case as to why the move is in the best interests of your child. In cases where a parent will be allowed to remove a child from the State of Illinois, Attorney Ernst can give an eloquent voice to your concerns. He will do his best to ensure you remain involved in your child's life by developing creative visitation plans and employing the latest technology to keep you in close contact with your child.
Schedule a free consultation with the Law Offices of Carr, O’Rourke & Ernst, LTD to learn more about the child relocation process. Advocating for parents in Orland Park, Joliet, Will County, Tinley Park, and Frankfort. Give us a call today.
Starting a Relocation Request
There are many different reasons a parent may seek to relocate with their child. They may have received a job offer in a different state, for instance, that warrants a long-term move. Any custodial parent or parent who has at least half the time with the child can request permission from the court to move away with their child. To do so, they must provide written notice to the other parent of their plan to relocate. The notice should specify the date of the intended move, the address of the proposed residence, and the duration of the relocation (if it’s not permanent). The notice should be given at least 60 days prior to the move unless the move is urgent.
The non-relocating parent who receives the notice may respond in one of two ways:
- Consent to the move – They will sign the notice and file it with the clerk of court, after which the family court will issue a new custody and visitation order that accommodates the new arrangement.
- Object to the move – They may refuse to sign the notice, and the relocating parent should then proceed to file a formal petition with the court asking for permission to move.
In the latter case, the court will then schedule a hearing, where both parents can call witnesses, present evidence, cross-examine the other parent's witnesses, and dispute the other parent's evidence in favor of the move.
To decide whether to grant a relocation request, the judge will primarily consider what is in the child’s best interests. The relocating parent has the burden of proving that the move is best for the child. In addition to the best-interest factors considered in a custody case, the judge should also examine:
- the circumstances and reasons for the proposed move;
- the non-relocating parent’s reasons for objecting to the relocation;
- the anticipated impact the relocation may have on the child;
- the history and quality of each parent's relationship with the child, such as whether a parent has failed or refused to assume parental responsibility;
- the educational opportunities for the child at both the existing and proposed residences;
- the presence or absence of extended family at both the existing and proposed locations;
- whether the court will be able to arrange a reasonable new parenting schedule if the relocation is granted;
- the wishes of the child, depending on their age, maturity, and ability to express a rational preference;
- each parent's resources (e.g., financial resources) for supporting the child;
- the child's developmental level;
- the extent to which a parent-child relationship will be diminished if the move is granted; and
- any other relevant factors that may affect the child's best interests.
If, given all the above considerations, the judge concludes that the move is best for the child, they will issue a new custody and visitation order that reallocates the parenting responsibilities for the child's education, health, religious life, and extracurricular activities based on the new distance between the parents.
Protect Your Rights Regarding Parental Relocation
Whether you seek to move away with your child or object to the other parent’s relocation request, the Law Offices of Carr, O’Rourke & Ernst, LTD are here to help. We advocate for relocating and non-relocating parents alike, as our firm is rooted in fighting for parents and their children. Protect your rights to seeking a relocation or sustaining your existing parenting arrangement that means so much to you and your children by calling Attorney Roland P. Ernst. Our family law attorney believes deeply in protecting the best interests of your child and will represent those interests passionately and professionally.
Contact the Law Offices of Carr, O’Rourke & Ernst, LTD today or give us a call to schedule a time to discuss your child relocation issues in Cook County. Free initial consultations available.
“Roland was an excellent listener and took the time to understand and empathize with what was important to me in outcomes. He not only understood the law, but could see the areas where we could negotiate with my ex and her lawyer.”