The Best Interests of the Child

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CAN YOU SUE A GUARDIAN AD LITEM?

An attorney was appointed as guardian ad litem (GAL) for a minor plaintiff.  There was a settlement for injuries she suffered in a motor vehicle accident.   The mother had been appointed by the court as the guardian of the minor’s estate. Eight years went by after the settlement.   The plaintiff minor sued her mother.   The [...]

THE COURT SHOULD HAVE GRANTED THE REQUEST FOR NAME CHANGE

The mother of the minor child filed a petition to change the minor's legal last name.  From that of the child's father (an inmate in Department of Corrections) to that of the minor's stepfather. The Trial Court denied the mother’s petition.  She appealed. The Appellate Court found that the Trial Court had erred.  The Trial [...]

By |2019-06-11T15:27:17+00:00June 11th, 2019|The Best Interests of the Child|0 Comments

THE PROPER DRAFTING OF A PETITION IS VERY IMPORTANT

In dissolution proceedings, The Trial Court entered a parenting agreement.  It granted sole care, custody, and control of the parties' two sons to the children's mother. It is now three years later.   Father filed for modification.   He alleged that his move to Indianapolis was a substantial change in circumstances.  He requested a majority of parenting [...]

IS THERE SERIOUS ENDANGERMENT TO THE CHILD?

It is sixteen months after entry of a judgment of divorce.  The mother of the child brought an action to modify the terms of the agreed visitation privileges of the father. Father filed a counterpetition.  For a modification of custody and for court-ordered psychiatric treatments for the child. The Trial Court denied father's petition.  The [...]

YOU MAY NEED A TRANSCRIPT TO PROVE WHAT HAPPENED IN COURT

Mother filed a petition to restrict the visitation of the father.   She alleged disrupting conduct by the father in the presence of the children. The trial court determined that Father's behavior was ‘not only disturbing but egregious. It warrants a modification of the Joint Parenting Agreement.’  Also, his behavior was “a substantial endangerment” to the [...]

DIVORCE PROCEEDINGS CREATE GREAT DIFFICULTY FOR CHILDREN

The parties were going through a very contentious divorce.  Father was a basketball player. There was a large financial estate to consider.  There were two minor children. Father filed a Motion to Bifurcate.   He asked the court to grant the divorce first. Then the court could decide everything else later. Courts are reluctant to bifurcate [...]

REMOVAL CASES ARE NEVER SLAM DUNKS

Mother filed a Petition for Removal with the children to live in New Jersey. Her annual salary would increase to $475,000.00. The court noted that the home in which Mother and the children would live in New Jersey would be very similar to their home in Illinois. Mother’s commute would be very similar. The court noted [...]

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