Fighting a Child Relocation Request

 Posted on September 12,2017 in Family Law

Learning that the other parent of your child wants to relocate is a lot like a punch in the gut. Your child, whom you may only see part of the time, could move, perhaps hundreds of miles away. If the relocation is a success, you know that you will see your child less often. The after-school stops for ice cream will end. There will be no more pickups from dance class when your ex-partner is stuck at work. Thankfully, you can attempt to stop a child relocation before it happens. The following information explains further.

An Overview of the Relocation Process

Unless the other parent will be moving a short distance (limits are based on state and county laws), they must notify you, in writing, of their desire to move. Included in their notice should be information on when they intend to relocate, the address to which they are planning to relocate, and the duration of the relocation (some may be temporary). That notice is also filed with the court clerk. If you consent to the move, you can file a response letter with the court, giving the other parent permission to relocate. If you do not consent, you can contest the move, which places the decision in the hands of the court.

Why You Want the Court Involved

Odds are, you and your ex-partner have already been to family court, if not for a divorce, then perhaps child support or parenting time rights. Unfortunately, if that experience was a bad one, you may not feel like going through the courts is the best option. Thankfully, relocations are quite different from other family law proceedings.

Unlike a divorce, you only have the best interests of your child to consider, and unlike parenting time and allocation of parental responsibility hearings, you do not have to feel as though you must prove your worth or capability as a parent. You have already been deemed as valuable in the life of your child, otherwise, the courts would not have granted you parenting time or allocation of parental responsibilities. Instead, you must show them how your child might be negatively affected by the move.

Ways Children May Suffer Because of Relocation

Although your child’s other parent may have their reasons for wanting to move (support, job, relationship, etc.), your child’s well-being takes precedence with the courts. That, of course, brings to light how, exactly, children might be harmed by a relocation. For many, there will be a stressful adjustment period. If the separation of the child’s parents was recent, a location could also drudge up feelings again over the divorce. Children with disabilities and those that are especially young may also experience significant harm if removed from one of their parents. Lastly, children may suffer a loss of connection with the parent that has been left behind.

Getting Assistance with Your Child Relocation Case

If you are facing the possible relocation of your child, contact Mevorah & Giglio Law Offices for assistance. Dedicated and experienced, our DuPage County family law attorneys will fight for the best possible outcome in your case. At every turn, we protect your rights and the best interests of your child. Call 630-932-9100 and schedule your free consultation with us today.