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Moving Away and Chicago Child Custody

Moving Away and Chicago Child Custody

By: M. Scott Gordon

Moving from place to place in search of opportunity has always been the norm in the U.S., and these days, people and families are moving more than ever. According to the U.S. Census Bureau, the average American will move nearly 12 times in a lifetime.

While it can be beneficial to your career and quality of life to move, the disruption can pose legal problems in cases of Chicago Child Custody. Non-custodial parents may oppose the move, arguing that it prevents them from valuable visitation time. Joint custodial arrangements can get even messier, with courts often stepping in to determine where a child will take up residence.

At M. Scott Gordon & Associates, we help parents manage an array of Chicago Family Law issues before, during, and after a divorce. If you are planning a move and concerned about your options, schedule a meeting with one of our experienced Chicago family law attorneys.

Obtaining Approval

If you are planning a move out of state, you will need to seek approval from the court that determined child custody in your divorce case. Needless to say, this process is much simpler and more straightforward when there is mutual agreement between parents for the move to occur. When a move is contested, the court will take a variety of considerations into account, all related to the well being of the child. These include:

  • Quality of life: The court will look more favorably on the move if you can demonstrate that your child’s life will measurably improve as a result. Factors such as access to education, family, and child care could potentially play a role.
  • Changes in income: Are you taking a new job with a higher income? That could work in your favor as an increase in your child’s quality of life.
  • A new marriage: Moving for a new marriage could work in your favor, as courts encourage cohesive family units.
  • Access to family: Many people move to be closer to family members such as parents, siblings, and grandparents. Courts will often grant permission to move if you are leaving to be closer to your extended family.

Conversely, the court will also examine the negative impacts of reduced visitation time with the non-custodial parent, though the burden of proof will often fall on the parent who does not have custody. This process can be highly subjective. Having an attorney experienced in child custody matters will help to ensure that your rights as a parent are protected.

Moving Forward

If you are relocating as a result of a new job, you likely have limited time before you need to move away. In cases of contested child custody, you will want to speak to an experienced attorney as soon as possible about your options.
At M. Scott Gordon & Associates, we help parents throughout the Chicago area defend their parental rights in matters of child custody and family law. To learn more, or to schedule a meeting with a child custody lawyer, contact us today.