What to Do After a Rejected Parental Relocation Request

 Posted on October 18, 2024 in Child Custody

When a parent wants to move out of Illinois with his or her child, this process usually requires approval from the other parent or the Court. If the other parent rejects the request, the next thing to do is understand the reasons and next steps. Contact a lawyer if your relocation request has been rejected, as you may have options moving forward. Here is what you need to know about Illinois parental relocation laws.

Proving the Move is in the Child’s Best Interest

If your child’s other parent has rejected your request to relocate, a parent will need to take the case to Court to try to get approval from a judge. A judge will only approve a relocation – especially if that relocation is far away from where the child and her other other parent currently live – if the move can be shown to be in the best interest of the child. 

 To move out of Illinois, a parent must show that moving will benefit the child more than staying. Here are key points the parent needs to consider:

• The presence of extended family: Having family nearby can support a child’s emotional and social well-being.

• Increased income opportunities: A better job can mean a more stable and improved life for the child.

• Quality of life improvements: Safer neighborhoods, better schools, or more recreational activities can greatly enhance a child’s development.

Providing Specific Reasons for the Move

The reasons for relocating should be clear and convincing and could apply to either the parent or the child. These reasons can include career opportunities for the parent, educational opportunities for the child, or even health benefits if the child or parent has a pressing medical issue that requires better treatment or a healthier living environment. 

Facilitating a Relationship with the Other Parent

Maintaining a strong relationship with the other parent is crucial. The parent seeking to move should show he or she will help the child stay connected with the other parent:

• Regular visits: Planning frequent in-person or virtual visits

• Communications tools: Using phones or video calls to stay in touch

• Shared custody plans: Willingness to adjust schedules to accommodate the other parent

Demonstrating Good Faith in Requesting the Move

The Court will want to see that the move is being requested for legitimate reasons rather than to limit the other parent’s access to the child. Important factors include:

• Transparent intentions: Providing honest and legitimate reasons for relocating

• No concealment: Not hiding information about the move from the other parent

• Being flexible: Being willing to make adjustments to accommodate everyone who might be impacted by the move

Contact a Barrington, IL Parental Relocation Attorney

When your parental relocation request faces a setback, strengthen your case for the future with the help of an attorney. Handling the situation thoughtfully and communicating openly with the other parent can make a positive difference. Though the road can be difficult, being well-prepared and focused on the child’s well-being can help pave your path to a favorable outcome in Court. For legal assistance in pursuing a relocation with your child, contact our Mt. Prospect, IL parental relocation lawyer with The Law Office of Nicholas W. Richardson, P.C.. Call 847.873.6741 to schedule complimentary consultation.