Butler Giraudo & Meister
Peoria 309-407-3332
Morton 309-263-1204

Leaving town with the kids? New law means fewer parents in court p3

We are wrapping up our discussion of upcoming changes to child custody laws, specifically the laws regarding the relocation of a custodial parent. The changes are not minor tweaks. Rather, the Illinois General Assembly has completely rewritten the laws that relate to divorce, custody, visitation and support.

The new law, which will go into effect Jan. 1, 2016, presents a new paradigm for everyone involved in family law matters. For couples considering separation or divorce, the new law should reflect a more modern understanding of family structure and a process that requires less involvement of the court.

When Gwyneth Paltrow announced that she and her husband were "consciously uncoupling," critics said that "consciously uncoupling" sounded a little out there, almost pretentious. That is, however, the process that the new law strives for. There will be no mention of "custody," for example. The new law contemplates "parental responsibility allocation."

Still, as we said in our last post, there are times when court involvement is appropriate and necessary. If the parents cannot agree on a revised parenting plan, the court will decide the matter based on the their arguments and the child's best interests. The types of things the court will consider include the reason for the relocation and the reason for the other parent's objection, each parent's history of abiding by the parenting plan and the impact on the child's life (especially with regard to educational opportunities and relationships with extended family). The court will also be looking for evidence that the move is a ruse designed to impair the other parent's relationship with the child.

Collaboration usually has much better results than confrontation. Couples may not know where to start, though, especially when a parent's distance from a child is part of the disagreement. Even in the most amicable divorces, there are times when the guidance of a family law attorney is necessary. This is one of them.

Source: Ninety-Ninth Illinois General Assembly - 2015, Public Act 99-90 via WestlawNext

No Comments

Leave a comment
Comment Information
  • I cannot even express in words the level of gratitude that I feel. ‘Thank you’ doesn't seem to be enough. Please know that your services and compassion will never be forgotten! I am forever grateful!

  • Thank you so much for your hard work and expertise. I feel as a father in the state of Illinois that what I am trying to achieve is nearly impossible. I am so glad I chose to have your office full of extremely intelligent women represent me.

  • We would like to say thank you for your expertise, education, and kindness when we met with you! Your confidence has helped to comfort us and give us hope that resolution of the issue is possible.

  • I just wanted to say thank you from the bottom of my heart for all your time, energy, and efforts you put into our case. Thank you for helping make our son's quality of life better. I cannot tell you how happy we are!

More Testimonials
Contact Us Today

Contact Our Lawyers About All Areas Of Family Law

We are driven and committed to a successful outcome for all of our clients. To arrange a consultation with attorney Susan Butler, Kelly Giraudo or Tamara Meister, call 309-263-1204 (Morton) or 309-407-3332 (Peoria). You can also contact our law firm by filling out the form below. With offices in both Peoria and Morton, we work hard for our clients while getting to know them as people.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Morton Office
100 S. Main Street
Morton, IL 61550

Toll Free: 888-314-9667
Phone: 309-263-1204
Morton Law Office Map

Peoria Office
416 Main Street
Commerce Bank Building
Suite 927
Peoria, IL 61602

Toll Free: 888-314-9667
Phone: 309-407-3332
Peoria Law Office Map

Morton Office Peoria Office