When parents decide to separate, child custody often becomes a complicated part of the conversation. This is especially true when one parent wants to move with the child. In Illinois, the court must consider whether such a move would significantly impair the other parent’s involvement in the child’s life. Let’s explore how Illinois defines and applies this concept.
What factors do courts consider in determining ‘significant impairment’?
Illinois courts examine several things when deciding if a move would hurt the non-moving parent’s bond with the child. These include:
- How far away from the current location is the new location
- Travel time and costs for visits
- How it affects the current parenting schedule
- The effect on the child’s connections to their community now
You can find other reasons that can contribute to significant impairment listed in the Illinois Marriage and Dissolution of Marriage Act. Courts consider each case one by one, putting the child’s best interests first.
How can you prove or disprove ‘significant impairment’ in your case?
You’ll need to present clear evidence to argue for or against significant impairment. This may include:
- Detailed parenting schedules
- Financial records showing travel costs
- School and extracurricular activity information
- Testimony from family members or experts
The parent requesting the move has the burden of proof. They must show that the relocation is in the child’s best interests and won’t significantly impair the other parent’s relationship with the child.
Is legal representation crucial in relocation cases?
When you get into plans to relocate, you must prepare yourself for an often complex and emotionally charged process. Considering how it can affect both parties and complicate things, you cannot do this alone. An attorney can help you understand the relocation laws and build a strong argument. They can gather and present evidence effectively, ensuring your rights and your child’s best interests are intact. With so much at stake, having knowledgeable legal support can make a significant difference in the outcome of your case.