Lisle Parental Relocation Attorney

Child Custody Lawyer in DuPage County

It is fairly common after a divorce for one parent to want to move. The neighborhood, or even the city, you lived in with your spouse may hold unpleasant memories of which you would rather not be reminded. You may wish for a fresh start elsewhere—a new social network that does not know your spouse and a new place where you can get to know yourself as an individual again. Unfortunately, relocating after divorce can be complicated if you have children with your spouse. Courts are often hesitant to send children to a new place if they are doing well in their current community. While many parents do successfully relocate with their children, it is important to be represented by a skilled attorney if this is your goal.

SpyratosDavis LLC is intimately familiar with the struggles parents and children face during divorce. If you would like to relocate, our attorneys can strategize with you to make moving away with your children the highest priority and demonstrate to the court that this would be in your children's best interests. We have seen the emphasis courts place on the well-being of children who would need to travel long distances between their parents' households. We will strive to find a solution that protects your children's best interests while also making your goal of relocating a possibility.

Post-Divorce Relocation

If you already have a final divorce decree when you decide it is time to relocate, we can help you pursue a post-decree modification to your child custody schedule. When one parent moves a significant distance away, this is generally grounds for a modification. As relocation is likely to require substantial changes to your existing parenting time schedule, it is best to be represented by counsel as you pursue a modification. Depending on the distance you plan to move, you may be required to obtain your ex-spouse's permission or court approval before you will be permitted to relocate.

Planning for Relocation During Divorce

If you know while your divorce is still pending that you want to move away, your original parenting plan can reflect the planned relocation. If you are using divorce mediation, you should be prepared for the likelihood that your spouse will resist allowing you to take your children far away. This can make reaching an agreement difficult.

If your case must be litigated, and you want primary custody, we will need to convince the judge that going with you is in the best interests of your children. The court will consider factors like how the move is expected to impact the child, the circumstances of and reason for the move, whether the children have other family in the area where they live now or would move to, and other factors used in making child custody decisions.

Who Qualifies to Relocate With Their Children?

Not every legal parent would be allowed to move away with their children. In order to be considered eligible to relocate and move your children a significant distance with you, you must have your children at least 50% of the time under your current custody or visitation arrangement. You must also show that the relocation meets certain criteria to demonstrate that the relocation is in the best interests of the children.

Relocation Defined

Not every move is considered a relocation. Realistically, nearly every parent who gets divorced or separates from the other parent moves. A move is only considered a relocation if the child's primary residence would change to a new one that is either outside the state of Illinois and over 25 miles away. A move can also be considered a relocation if the new primary residence is more than 25 miles away if your child lives in Cook, DuPage, Kane, Lake, McHenry, or Will County, and 50 miles away if your child lives in any other county.

Contact a Lisle, IL Parental Relocation Attorney

If you want to relocate with your child, SpyratosDavis LLC will do all we can to make that possible. Our committed DuPage County child custody attorneys will approach your case strategically based on our years of experience. Contact us at 630-810-8881 for a confidential initial consultation.