Custody

For many parents, the most pressing fear of child custody negotiations is the concern that the other parent will try to keep their children from them. This fear can actually prevent the parents from remaining focused on what is best for the children as they try to battle each other.

Buffalo Grove Custody Establishment Or Modification Lawyer

At Buffalo Grove Law Offices, we are committed to keeping the process directed at an outcome that is in the best interest of the children. We will reach a resolution as efficiently and inexpensively as possible, minimizing the drain on the family.

Mandatory Mediation Is The First Step

Unless both parents come to agreement regarding custody, the issue of custody must go through mediation before you can go to court on the issue of custody. The only exception to that is when a temporary custody decision must be made. This will allow both parents to come together in a facilitated discussion, both helping to decide how the children will be looked after and provided for following the divorce or in other cases not involving divorcing couples.

We will explain this process to you, providing the information and understanding that you need to approach mediation in a productive and informed manner. The custody process will include evaluations and interviews.

Most cases are settled before court, but if needed, we are prepared to represent your interests before the family law judge. The outcome of this decision and the amount of time you are granted with your children is vitally important, and we are committed to fighting for you and for the best interests of your children.

We will also help to negotiate joint custody and visitation agreements that best serve your family and allow adequate parenting time with both the mother and father, regardless of who was granted custodial or non-custodial rights.

Modification Of Custody Orders

No motion to modify a custody judgment may be made earlier than two years after its date, unless the court permits an earlier date because there is reason to believe the child’s present environment may endanger seriously his or her physical, mental, moral, or emotional health. However, after two years, the standard for the court to use is ‘the best interest of the child. This standard is the one that is also used in making the original custody order.

FORMER BOYFRIEND HAD NO STANDING TO BRING CLAIM FOR CUSTODY

The former boyfriend did not have statutory standing to bring a claim for custody of a minor adopted from Slovakia by his former girlfriend. The parties had never married, and they had taken no steps for the adoption to be recognized in Illinois. The father had not adopted the child, who remained in the custody of the adoptive mother. Illinois does not recognize the common-law standing of a nonparent to bring a petition for custody of a minor. In re Parentage of Scarlett Z.D., 2012 Il App (2d) 120266 (Aug 30, 2012) DuPage Co.

Contact An Arlington Heights Child Custody Lawyer

To arrange an initial consultation to discuss your situation and the options available to you, please contact our Illinois law firm today at 847-222-9429.

COURTS HAVE NO DISCRETION TO DEPART FROM SECTION 505(a)(3)’s DEFINITION OF “NET INCOME”

By Buffalo Grove Law Offices | July 18, 2021 |

The MSA provided that each year the parties would conduct a “true-up”. It would be based on husband’s tax documents. The true-up would determine if he paid the proper amount of support in the prior year. Subsequently, husband filed a motion to modify child support. He asked the court to reduce his monthly support obligation…

Read More

FATHER AWARDED PRIMARY DECISION MAKING FOR MINOR CHILD

By Buffalo Grove Law Offices | July 18, 2021 |

The Court entered an order for father to have primary parental decision-making authority for educational and healthcare decisions. And the majority of parenting time for the parties’ 2-year-old son. Mother appealed. She argued that the court’s rulings were against the manifest weight of the evidence. The Appellate Court affirmed the Trial Court. Evidence showed a…

Read More

CASE SHOULD HAVE BEEN RESOLVED IN ILLINOIS

By Buffalo Grove Law Offices | July 18, 2021 |

Husband filed a petition for legal separation from his wife.  She resided in Oklahoma with the parties’ two children.   The trial court dismissed his petition.  Husband appealed. On appeal, he claimed that the trial court erred in dismissing his petition.  He argued that Illinois is the only court with jurisdiction under the Uniform Child-Custody Jurisdiction…

Read More

INTEREST ON UNPAID CHILD SUPPORT IS MANDATORY

By Buffalo Grove Law Offices | July 18, 2021 |

The parties were back in court after the divorce.  The Trial Court calculated that in February, 2016 father’s child support arrearage was $5,701.  This was for the years 2009 through 2014.    The Court, in 2018, calculated mandatory statutory interest on the arrearage.  It started the interest accrual from February, 2016. The law provides that: “A…

Read More

Dead Beat Dad Enters a General Appearance

By Buffalo Grove Law Offices | July 18, 2021 |

Mom gets a default judgment for dissolution of marriage in a country in Europe in l983. She and Dad have four young children. Mom never sees a dime from dad, who lives in the United States. Mom and dad have a piece of property in Europe, which the Swiss court executes on in l986, in…

Read More

THE OFFICE OF CHILD SUPPORT ENFORCEMENT DOES NOT COLLECT SPOUSAL SUPPORT UNLESS A CHILD SUPPORT OBLIGATION IS ALSO BEING PROCESSED.

By Buffalo Grove Law Offices | July 18, 2021 |

Parties are divorced in a country outside of the United States. For our purposes, let’s consider a Netherland’s Judgment for Dissolution of Marriage. Children are emancipated, and ex-wife receives maintenance (formerly known as alimony) for a period of time. Ex-wife is now our Petitioner in the U.S. in her action under the Uniform Interstate Family Support…

Read More