Out-of-State Visitation in an Illinois Custody Case

 Posted on August 23, 2019 in Family Law

If you moved out of Illinois after a parenting plan was already in place, or your divorce is ongoing and you plan to move as soon as it is finalized, figuring out how to go about visitation can be difficult due to the physical distance between you and your child. If the original parenting plan is no longer applicable because it was created when you were still in Illinois, you may need to take your case back to court to have a new parenting plan created by a judge if the other parent is not in agreement with your wishes. It is not uncommon for custodial parents to deny you time with your child via phone, internet, or even in-person visits, particularly if you live in another state. A Hinsdale custody lawyer will be able to help you create a new parenting plan and take the matter to court to be approved by a judge if necessary.

Electronic Communication

Skype, Facetime, email, texting, phone calls, and other forms of electronic communication such as social media are often part of a parenting plan, even when both parents live in the same state. When a parent lives out of state, communication by phone and computer become even more important. However, custodial parents may attempt to interfere with your communication and even ban or limit the use of your child’s cell phone or computer. Eighty-eight percent of teenagers aged 13 to 17 have access to a cell phone, though that access may include their parent’s cell phone. Younger children have even more limited access to cell phones, and purchasing a smartphone for your child may be a necessary part of a parenting plan for out of state parents. Regardless of how the other parent is alienating you, it can be addressed by an attorney and brought to a judge’s attention.

Travel Expenses

Plane flights are an expense that keeps many parents from seeing their children as much as they would like. When an out of state parent travels to Illinois to visit their child, they have to take time away from work, purchase a plane ticket, pay for a hotel, and spend additional money on a rental car or other means of in-town transportation. It may make more sense to have your child visit you in addition to visiting them. And, in many circumstances, the custodial parent can be held partially responsible for purchasing the child’s plane ticket. A judge may decide that travel costs should be split evenly by you and the other parent, even if the child is visiting you alone.

Call a Hinsdale Family Law Attorney Today

Studies have shown that children of divorce with a parent who moved more than an hour away were “significantly disadvantaged” compared to children of divorce with parents that both remained within an hour. It is absolutely vital that you keep in regular communication with your child if you have moved out of state, and that your child visits as often as possible, not only for your enjoyment but for their own well-being. The skilled DuPage County child custody lawyers at the Law Office of Martoccio & Martoccio are here to help. Call 630-920-8855 to schedule a free consultation today.

Sources:

http://www.growingwireless.com/get-the-facts/quick-facts

https://www.psychologytoday.com/us/blog/co-parenting-after-divorce/201310/relocation-and-co-parenting