Elmhurst, IL Divorce Relocation Lawyers

Attorneys Assisting Clients with Parental Relocation in Elmhurst, Park Ridge, and Throughout the Chicago Area

Divorce and legal separation can be highly stressful for everyone involved. When the divorce involves children, and the residential parent decides to relocate out of the area, it can create additional strain. Often, relocation in divorce creates hard feelings. There can be times when the parent who does not have primary residential responsibility disagrees with the move, and the dispute must be resolved by the court. In such cases, it is important to have an experienced family law attorney in your corner strongly advocating for your interests.

At Weiss-Kunz & Oliver, LLC, we offer highly-skilled and personalized representation to our clients in the Chicago area. Our lawyers have in-depth experience with even the most complex divorces, and we have handled numerous cases involving child issues such as parental relocation, and we understand the need to balance the rights of each parent with the best interests of the child. We work hard to develop practical and innovative solutions for our clients, and we respond quickly to all client inquiries, so you are always kept in the loop.

Illinois Relocation and Removal Laws

Parental relocations can be part of a divorce proceeding, or they may come up after a divorce is finalized. Parents with primary residential responsibilities are allowed to move a certain distance with their children without the court's approval. Parents who live in Cook, DuPage, Will, Kane, McHenry, or Lake Counties may move up to 25 miles from their current home. Parents who live in other Illinois counties may move up to 50 miles from their current home. Parents may also move outside the state of Illinois if their new home is 25 miles or less from their current home. Any move beyond these limits requires the consent of the other parent and the court.

A residential parent who is considering relocation must send written notice of their intentions to the other parent. If the other parent agrees with the move, the parties can usually come up with an amicable arrangement. They can then submit their modified parenting plan to the court, and if the judge determines that the move is in the children's best interests, it will be approved. If no agreement can be reached, however, the parent intending to relocate must ask the court for permission.

To convince the court, the residential parent must show that the move will enhance the quality of life of both the parent and the child. In addition, a valid reason must be given for the move. For example, if the residential parent receives a job offer out of the area, permission is more likely to be granted than if he or she does not employment prospects. On the other hand, if no important reason is given and/or if the court determines that the move is not in the best interests of the child, permission may be denied.

Contact Skilled Elmhurst, IL Relocation Lawyers

Whether you are the primary residential parent or the other party, relocation can become a contentious issue. The attorneys at Weiss-Kunz & Oliver, LLC have an in-depth understanding of the legal barriers involved and what it takes to work out a favorable resolution. We are also experienced in handling matters involving allocation of parental responsibilities (formerly child custody), child support, and other child-related issues. For a personalized consultation, contact our office today at 312-605-4041.