The Best Interests of the Child

//The Best Interests of the Child

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 [...]

By | February 27th, 2019|Post-Decree Issues, The Best Interests of the Child|0 Comments

EMANCIPATION OF MINORS ACT STATUTE POSSIBLE REVISION

Illinois law provides that a minor may seek emancipation from his or her parents through a judicial order.  In order to become emancipated, a minor must petition the court. A minor needs to demonstrate to a court that he or she will be able to live independently from his or her parent.   Illinois House Bill [...]

By | February 27th, 2019|The Best Interests of the Child|0 Comments

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 [...]

DON’T START PACKING YET

The mother petitioned the court to move with the minor child to Ohio.  She had been offered a career position there.  The trial court granted a temporary removal.  The court would make a final decision at the end of the divorce case.  At the end of the case, the court denied mother’s request. The court [...]

By | February 7th, 2018|Parenting Plans, The Best Interests of the Child|0 Comments

BEING A STAY AT HOME MOM IS ONLY ONE CONSIDERATION

Mom and Dad had a child, Ava.  About a year later, mom later filed a Petition for Paternity and a Petition to Remove Ava from the State of Illinois. She wanted to move to Colorado. She was engaged to be married to a man who lived in Colorado. Dad wanted joint custody. He had been [...]

THE PLAN WAS GOOD, SO THE JUDGE SAID TO KEEP FOLLOWING IT

  The divorce court judge ordered that each parent would share residential responsibilities in caring for their child, Robert, at the marital residence.  Robert was eight years old. The house Robert would live in was where Robert had lived all of his life.  Dad would have Robert in this home from Thursday night through Sunday [...]

JOINT CUSTODY MEANS MAKING DECISIONS TOGETHER, NOT BY YOURSELF

Parents shared joint custody of their two daughters.  Father had specific visitation time with the girls.  Mother moved 324 miles away. She had not filed a petition in court. She had not told the father of her intended move. She certainly did not get his consent. She enrolled them in school at their new location.  [...]

By | January 12th, 2018|Parenting Plans, The Best Interests of the Child|0 Comments