For many Illinois residents confronted with the prospect of divorce, the need to leave one’s old life behind is palpable. However, divorcing parties are often obligated to follow specific guidelines in the event that they wish to move. For instance, People’s efforts to move can be complicated in instances where a child custody agreement is involved. While the custodial parent may be eager to initiate the move, the noncustodial parent typically has the right to raise concerns over his or her visitation rights and other issues. That is why it is important to understand the details of the proposed move, as well as the court’s standpoint on the issue.
When faced with the possibility of an ex-spouse relocating with one’s child, it’s crucial to understand his or her reason for wanting to do so. Family law courts take many factors into consideration when deciding on whether or not to grant a move-away motion, and often question the parent’s motives. If it is determined that the parent is seeking to relocate in order to frustrate contact between the child and the noncustodial parent, his or her motion may be denied.
It’s also important to consider the ex-spouse’s plans for him or her, as well as the child, after the move occurs. For instance, it’s necessary to know where the child is likely to attend school, and whether or where the spouse will work. The court is ultimately interested in the safety and welfare of the child, and will therefore expect information regarding factors like day care, family interaction and community background.
Addressing issues over a child moving early is important to maintaining one’s parental rights. People with questions or concerns about the possibility of their child being relocated can speak with an attorney about their legal rights as parents.
Source: The Huffington Post, “Divorce Confidential: Your Legally Rights to Relocate Your Child,” Caroline Choi, Aug. 20, 2014