After a divorce, it is common at some point for one or both parents to relocate. This might be spurred by job prospects, remarriage or moving back "home" to live near family. Relocations are emotionally wrenching, often culminating in a contentious legal battle, especially when the parent with primary custody plans to move far away. These are the times when you need the strongest advocacy available.
The Law Offices of Jeffery M. Leving, Ltd., provides veteran guidance and vigorous representation for this highly charged and complex issue. Our Chicago relocation attorneys have successfully represented parents across Illinois and throughout the United States, including interstate and international custody relocations. We can capably represent you whether you are arguing for the court's consent or fighting to prevent your child from moving away.
Sometimes our role is not to litigate the move itself but to protect your interests and offer solutions in reworking the terms of custody, visitation and support to reflect the new family dynamics of co-parenting from afar. This process can be amicable and practical, or as complex and antagonistic as the initial divorce and custody proceedings. Our philosophy is to engage in strategic and productive negotiations but to always be prepared for a courtroom contest.
"Just ten or twenty miles away may be distance enough to discourage you from visiting as often as you like. Psychologically, too, the distance might seem burdensome. You have a number of options to maintain your connection with (your children)."
— Jeffery Leving, in How to Be a Good Divorced Dad
Can The Custodial Parent Move Away With The Kids?
Moving a child out of the jurisdiction can effectively terminate the noncustodial parent's visitation rights, diminishing that parent's bond with the child and role in his or her life. For this reason, the parent seeking to relocate should first obtain court permission by showing that the move is ultimately in the best interest of the child.
- If you are the relocating parent, you will have to convince the judge that your child will benefit and prosper in the new setting, that you are not moving away for selfish or spurious or spiteful reasons, and that you will foster communication and cooperation with the parent who is left behind.
- If you are the noncustodial parent who objects to the move, you will have to present a compelling argument that your child will be isolated or adversely affected, that the other parent is trying to undermine your parental relationship and authority, and/or that the distance and economic hardships would make it difficult for you to have meaningful contact with your child.
Proven Advocacy In Post-Decree Relocation Disputes
Chicago attorney Jeffery Leving is one of country's most renowned authorities on family law. He was involved in writing Illinois' joint custody statute, as well as other legislation, and he is recognized nationwide as a pioneer of fathers' rights. He and his accomplished team of lawyers have handled post-decree parent relocation proceedings in Cook County and other Illinois jurisdictions and in cases throughout the United States.
Our lawyers can explain your rights as the custodial or noncustodial parent, and prepare you to present the strongest case to the court. If the court does authorize the move, we will advocate effectively for you in modification of legal custody (decision-making), parenting schedules, Internet access, vacations, travel expenses, financial support and all attending matters.
Call our Chicago alimony attorneys at 312-702-0862 and contact us online to schedule a private consultation.