Will County Child Removal Attorneys
Child Custody Lawyers Serving Plainfield and Naperville
When a parent with primary physical custody of his or her minor child wishes to permanently relocate to a new home outside of Illinois, the parent must be able to show that the removal of the child from the state will serve the child’s best interests. At the Davi Law Group, we realize that such a situation is not unusual subsequent to a divorce, legal separation, or determination of paternity, and we are experienced in handling all issues related to child custody. We understand that both custodial and non-custodial parents have legal rights that deserve protection at every stage of removal proceedings.
Whether you wish to move with your child or contest the other parent’s intended relocation, our attorneys are equipped to help you present your position to the court. With our knowledge of the process and necessary criteria, we can assist in maximizing your likelihood of a favorable resolution for you and your child.
Requesting Relocation Approval
In seeking to relocate out of state with a child, the custodial parent may petition the court for approval. The burden of proof is on the petitioning parent to show that the move will be an overall benefit to the child. Our team will help you provide substantiating evidence to demonstrate your good faith intentions. We will also provide objective feedback on how your case may be viewed by the court prior to your official filing. In making its determination, the court will normally consider:
- The potential effects of the relocation on the child;
- The expected improvement of the child’s general quality of life;
- Your motives for relocating; and
- Your intended plan for maintaining the child’s relationship with the other parent.
The circumstances of your situation and the discretion of the court will ultimately determine the outcome of your request. It is therefore important to enlist the help of attorney familiar with the leanings of the courts in your area to help you understand how best to structure your case.
The legally-established parentage of your child can also affect your request to relocate. A legal father, who has remained active in the child’s life, met support obligations, and has not otherwise had parental rights limited has the standing to dispute the relocation. Thus, the court must also consider his objections and the good faith motives behind them in making its decision.
If you are in opposition to the custodial parent’s decision to leave Illinois with your child, as you fear the move will negatively impact your visitation rights, the Davi Law Group can help you as well. When necessary, we can utilize legal resources, including restraining orders, to stop the move and investigate the other parent’s motives. We can also assist you in demonstrating to the court that the relocation will damage your relationship with your child and make visitation unreasonable.
Family Law Attorneys Who Care
At the Davi Law Group, nothing is more importance to us than the best interests of our clients and their children. Contact our office today to schedule a consultation with our knowledgeable legal professionals. We will meet with you, answer your questions, and explain our approach at no cost to you, a value of up to $325.00. Should you retain us as your counsel, financing options are available. With four convenient locations around the region, we are proud to serve Will County and the rest of Northern Illinois.