Parental Relocation Lawyer in Peoria

Child custody and parenting plans, once finalized, are legally binding. If a parent wants to relocate with the child, it may necessitate court involvement. Whether you’re the parent with the majority of parenting time seeking to relocate, or the non-residential parent wanting to oppose the move, immediate consultation with a parental relocation attorney is essential.

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Contact Hanauer Law to Protect Your Relationship with Your Child

Parental relocation cases are emotionally turbulent. When you need a parental relocation lawyer, you want a skilled communicator who knows how to successfully navigate this area of family law. At Hanauer Law in Peoria, we pride ourselves in our team’s natural talent as effective communicators in addition to being knowledgeable, talented attorneys. Rob Hanauer founded our firm and still personally meets with every client we take on. You need someone who will listen to you and give it to you straight without making you feel like you’re on the clock. That same legal professional needs to then turn around and work aggressively to get results when it comes to your relationship with your child. Contact our office now to schedule an initial consultation and see what we can do for you.

State Laws Regarding Relocation or Removal of a Child

Under Illinois law, an “official” relocation may require court permission, depending on the distance and location. The guidelines for defining relocation are:

Moving out of state more than 25 miles from the child’s primary residence.
Moving more than 25 miles within the state if the child’s residence is within Cook, DuPage, Kane, Lake, McHenry, or Will counties.
Moving more than 50 miles within the state if the child’s residence is in any other Illinois county (including Peoria, Tazewell, and Central-Illinois counties).

Both Sides of a Move-Away Case Require a Parental Relocation Lawyer

When a parent wants to relocate, they are required to inform the other parent and the clerk of the circuit court at least 60 days prior to the move. If the other parent signs the notice and allows the relocation, it is given to the court, and the relocation is permitted. If not, the parent wishing to move must submit a petition to the court stating the reasons for the move before relocating. The attorneys and staff at Hanauer Law have helped obtain favorable outcomes in cases involving:

Special circumstances require notice for relocation within less than 60 days of the planned move.
Removal notifications that effectively communicate that the move is in the best interests of the child.
Petitions to prevent the other parent from relocating with the child which would harm that child’s relationship with the objecting parent.
Responses to petitions objecting to a relocation.

What the Judge Considers When One Parent Wants to Move Away

Even if the other parent has given their agreement to a parental relocation in writing, the court must also sign off on it. Child custody, parenting time, parenting plans, and child support agreements are legally binding; changes must be approved by the court. A family court judge is always looking at what is in the best interests of the child in any parental relocation case. Whether the other parent agreed or is petitioning to prevent the removal, the judge looks at many factors, including:

How the move will benefit the child
The wishes of the child with respect to the move
The motives for the move—is it for legitimate reasons such as a job, extended family, health motives, remarrying, better education opportunities for the child, or is it retaliatory?
The motives for the other parent trying to stop the move—is it a legitimate objection or retaliatory?
The history of each parent with respect to parenting time and custody
The child’s relationship with each parent
How a new parenting-time agreement could be created that will preserve the relationship with the non-moving parent.

Speak with a Relocation and Removal Attorney with Us Today

We can help you get the results you need in this difficult situation. Contact the team at Hanauer Law now to schedule a time to talk with a dedicated parental relocation attorney in Peoria.