The Legal Aspects of Removal (Relocation With Children)
If you are seeking to move with your child to a new location, away from your child's other parent, you cannot just pack up and leave. You must gain the consent of the other parent and/or the permission of the court.
The attorneys of Murphy & Dunn, P.C. in Peoria, Illinois represent parents on both sides of this issue: the custodial parent who wants to move away and the parent who prefers the current residential situation.
In today's economy, it is not unusual for a parent to be out of work and forced to explore employment options outside of the immediate area. Obtaining employment that will provide financial support is clearly in the child's best interest. The court may rule against such a move, however, if it significantly impairs the ability of the non-custodial parent to maintain a relationship with the child.
In Illinois, the primary questions the court considers in cases involving removal (relocation) are:
- Is the move in the best interest of the child?
- Does the move impair the non-custodial parent's ability to exercise visitation rights and participate in joint decision-making?
The parent who wants to relocate must prove that the move will meet these standards. Removal (relocation) cases can become extremely difficult because there is so little room for compromise. That is why you need the experience of our lawyers. Removal cases are often more highly contested than custody cases.
Our Lawyers work to find a reasonable resolution to disputes over move away issues.