Experienced Parental Relocation Lawyers Assisting Parents With Moves in Wheaton, IL
In this day and age, relocation is a fact of life. The internet and the advent of smartphones have made searching for homes and jobs in other states easier than ever. When this relocation affects a child, however, steps need to be taken to ensure that both parents' rights are protected.
The Wheaton parental relocation lawyers at Musielak & Rosinski LLC can assist with post-divorce modifications. Drawing on decades of family law experience, we will carefully examine your situation and detail the reasons that it is necessary to relocate, or we will help you respond to a relocation and modification request made by the other parent. Our attorneys will work diligently to draft a modified parenting plan that meets your needs and the needs of your children.
Issues That May Affect Parental Relocation Cases in Illinois
There is much to consider when a parent moves with a child. Changes may need to be made to child support and child custody. Essentially, the parenting plan that was created during a couple's divorce or separation must be rewritten. In order to avoid this time-consuming process, some people may attempt to make verbal agreements with their former spouses. Unfortunately, if an agreement is not in writing, it is not enforceable by the court. In addition, if a parent moves with their child without receiving court approval, they could potentially face penalties. We recommend taking the time to draft an accurate and detailed parenting plan and go through the proper channels to ensure that your modifications will be legal and binding.
Prior to relocating with a child, a parent must notify the other parent, and a copy of this notification must also be filed in court. In general, this notification is required at least 60 days before the date of the planned relocation, although shorter timeframes may be permitted in some cases. If there are no objections to the relocation by the other parent, and the parents are able to agree on how their parenting plan will be modified, they can typically file their modified plan in court and receive approval for the relocation. There are some situations where a judge may choose not to approve a relocation because it would not be in the best interests of the child, but in most cases, an agreed relocation and parenting plan modification will be approved.
Contested Parental Relocations in DuPage County
Matters may become more complicated if the other parent has any objections to the move or the request to modify the parenting plan. In these cases, a court hearing may be required where both parents can present arguments and evidence supporting their positions. In these cases, a judge will usually attempt to find solutions that will allow both parents to maintain good relationships with the child. As in other types of child custody proceedings, the best interests of the child will be the primary issue that will determine the outcome of a case.
At Musielak & Rosinski LLC, we can help you make a well-supported case for or against a proposed move based on your unique situation. Legal representation is important in these cases, as the judge's decision could impact your rights to parenting time.
Contact Our Wheaton Parental Relocation Lawyers
Whether you have questions about parental relocation, child support modification, or child custody modification, we encourage you to contact an experienced attorney. We have experience helping clients through a wide range of modification matters.
To arrange a free initial consultation, contact our Wheaton, Illinois parental relocation attorneys or call 630-344-6525 today. With offices in DuPage County, we have experience helping clients throughout Illinois.