What to Do if Your Spouse Wants to Move with the Kids

 Posted on May 21, 2024 in Child Custody

The idea of having your children move far away from you might be terrifying. Living a plane ride or a road trip away from the most important people in your could make it very difficult to maintain a strong relationship. Your parental instinct to protect and be there for your children might be screaming for you to stop the move if at all possible. Fortunately, you have the right to contest the other parent’s plan to relocate with your children. A court will not allow your soon-to-be ex-spouse to move far away with the children unless she can prove that relocating would be in the children’s best interest. A DuPage County, IL child relocation lawyer can help you work to prevent a move that might harm your children or your relationship with them.

Showing That Relocating is Not in Your Children’s Interest

The best way to prevent your spouse from moving halfway across the country with your children is to show the court that moving would not be in your children’s best interest based on the factors Illinois law requires courts to consider in child relocation cases. Some tips and strategies for doing this include:

• Document your spouse’s failure to facilitate your parent-child relationship - One of the factors the court will consider is whether the move will interfere with your ability to maintain a strong and healthy relationship with your children. If your spouse fails to comply with your temporary custody arrangements, prevents your children from contacting you, or tries to convince the children that you are a bad person, this might suggest that if she were allowed to move with the children, you may have no opportunity to have a relationship with them. 
• Show family ties in the area - The court will consider whether the children have extended family in their current location or new location. If you have family living nearby, prepare to discuss the relationship your children share with those relatives. 
• Investigate educational opportunities - Your attorney might investigate what type of educational opportunities your children would have if they relocated compared to the opportunities they have here. If your spouse is arguing that they would be in a better school district or near a school that meets their specific needs, it may be wise to see what options are available locally and consider helping your children transfer to a better school. 

Contact a Naperville, IL Child Relocation Attorney

Law Office of Ronald L. Hendrix, P.C. is dedicated to helping parents maintain strong and healthy parent-child relationships after divorce. DuPage County, IL child relocation lawyer and firm leader Ronald L. Hendrix has more than 30 years of experience in family law. Contact us at 630-355-7776 for a complimentary consultation.