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Child Custody Modification Lawyers
Parents who intend on moving out of state with a child or children must first petition the court to modify the terms of their existing court order. Failure to do so may result in a contempt order, or worse, creating additional legal complications that may affect proceedings. Our Lake County Illinois relocation lawyers at Strauss & Hoyt, LLC work closely with the parents in matters related to relocations and post-divorce modifications. Since the court will consider what is in the best interest of a child, information and documentation involving the financial impact of a move, proximity to extended family members, schools, extra-curricular activities, and a new parenting plan will have to be considered. If the court believes relocation is not in the best interests of a child, the proposed modification will not be approved.
If you are a parent and need information on what your rights and obligations are in regard to relocation, contact Strauss & Hoyt, LLC today.
Considering a Relocation and the Best Interests of a Child
By law, a parent wishing to relocate thier children out of Illinois permanently, must notify the other parent regarding any planned or proposed relocation. The moving parent must indicate the proposed date of the move, as well as the exact location of their new address. Afterward, a parenting plan must be submitted indicating how parenting time will be handled if the relocation is approved.
The court will consider the following in determining if the move is in the best interests of a child:
- Any differences in educational opportunities
- The proximity of other family members
- Any religious affiliations that could be affected
- Involvement in extracurricular activities
- Quality of medical treatment if a child has a health condition
- Improvement or loss in income after relocation
- Other factors
Parenting Time and Relocations
When a parent relocates to another state or moves far away, but still within the state, a new parenting schedule must be proposed and accepted by the court. If the court approves a relocation, a new parenting time plan may involve a child spending more holidays and most of summer vacation with their non-moving parent.