Kane County Child Removal Lawyers

Experienced Parental Relocation Lawyers Serving St. Charles, Aurora, and Batavia

st. charles il child removal attorney

As of January 1, 2016, significant changes to family laws that pertain to the relocation of parents and children have gone into effect. Prior to the changes, custodial parents were permitted to relocate anywhere in the state without the court's permission. They were also prohibited from moving across state lines without court permission. The new law takes into consideration how far (in miles) a new residence is from the previous residence when determining if court permission is required.

At Shaw Family Law, P.C., our attorneys are familiar with the changes to Illinois law and how these changes will affect our clients. We have 30 years of experience handling parental relocation and other child-related matters in a divorce and paternity cases. Whether you are the parent who wishes to relocate or the parent who wishes to prevent such a relocation, we have the skill and experience to advocate strongly and effectively for your interests.

What Constitutes Relocation in Illinois

In Illinois, if a residential parent wishes to relocate with their child court permission is required. Just moving from one home to another, however, is not always defined as a relocation according to family law statutes. The new law defines relocation as one of these three circumstances:

  • Moving more than 25 miles from the child's current residence if you live in Cook, DuPage, Kane, Lake, McHenry, or Will County.
  • Moving more than 50 miles from the child's current residence if you live in any county other than Cook, DuPage, Kane, Lake, McHenry, or Will County.
  • Moving outside of Illinois AND more than 25 miles from the child's current residence.

If a move does not exceed these radius restrictions, the parent does not have to obtain permission from the court. If it does exceed those restrictions notice in writing must be provided to the other parent and filed with the court at least 60 days prior (except for special circumstances). If the other parent agrees to the relocation and signs the notice, the relocation can proceed without further court action. If the other parent objects and no agreement can be arranged the moving parent must petition the court for permission to relocate.

The court will consider numerous factors when determining if the relocation is in the best interests of the child including:

  • Reasons for the move;
  • Reasons the other parent objects;
  • The relationship of the child with each parent;
  • If parents have consistently exercised their parental responsibilities according to the judgment;
  • If there will be extended family nearby;
  • Where educational opportunities for the child are the best; and
  • How the child feels about the move.

Contact a Kane County Parental Relocation Attorney

If you are seeking to relocate with your child or prevent your co-parent from moving your child away from you, contact Shaw Family Law, P.C. by calling 630-206-3300 to schedule a free consultation. We will discuss the specific circumstances of your prospective move and your legal options going forward. Our firm works with clients throughout Northern Illinois including Kane, DuPage, DeKalb, and Kendall Counties.

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