Can I Stop My Ex From Moving Away if We Share Children? 

 Posted on July 28, 2021 in Relocation

Whether due to a new job or wanting to be closer to friends or family members, divorced parents may want to move away for a number of reasons. For divorced parents, however, moving with kids may not be simple. They have to get permission from the court and the other parent to move out of state. If your child’s other parent wants to relocate and you disagree with the relocation, it is important to understand your rights and responsibilities. A skilled family law attorney can help you contest the relocation and assert your rights.

Factors Courts Consider Before Letting a Parent Relocate

Before a judge can approve a relocation with a child or Illinois, he or she has to first make sure that the move reflects the best interest of the child. Here are the different factors a judge considers before deciding to approve or deny a relocation request:

• Why a parent wants to move

• How the move may affect the child

• Whether the other parent can realistically maintain a relationship with the child after the move

• Why the other parent disapproves of the move

• The child’s preferences

• The location of the extended family members

• The history of each parent’s relationship with the child

• What type of educational opportunities will be in either location

• Whether or not a judge can assign parental duties between parents after the move

• Other factors that affect the child’s best interests

Contesting a Parental Relocation

If your ex recently notified you that he or she wants to relocate with your child, you may not like the idea. Whether you do not want your child to be too far away from other family members or do not think your child will have the best education opportunities in the new location, you have the right to request a hearing to contest a parental relocation. During the hearing, you and your attorney will have an opportunity to explain why the relocation is not in your child’s best interests. The other parent will have an equal opportunity to demonstrate why he or she believes that the relocation is best for the child.

Contact a DuPage County Family Lawyer

If you wish to contest a parental relocation, consult a Naperville, IL family attorney for legal support and representation. At Calabrese Associates, we understand the complexities involved in contesting a parental relocation and can help you build a compelling case. Call us at 630-393-3111 to set up a consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm