Custody

/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.

1903, 2019

WHAT EXACTLY IS A SUBSTANTIAL CHANGE OF CIRCUMSTANCES?

By | March 19th, 2019|Categories: Child Support, Financial Issues When Divorcing|Tags: , , , |0 Comments

The Trial Court denied husband's petition to modify his child support obligation. The Court found nothing to indicate that husband's child support obligation was based on the parties' mutual understanding.  Husband said they had agreed [...]

1903, 2019

THE PROPER DRAFTING OF A PETITION IS VERY IMPORTANT

By | March 19th, 2019|Categories: Custody, Parenting Plans, The Best Interests of the Child|Tags: , , , , , |0 Comments

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 [...]

2702, 2019

IS THERE SERIOUS ENDANGERMENT TO THE CHILD?

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

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.  [...]

2702, 2019

EMANCIPATION OF MINORS ACT STATUTE POSSIBLE REVISION

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

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 [...]

2002, 2019

IN CONFORMITY WITH PEOPLE MOVING AROUND SO MUCH

By | February 20th, 2019|Categories: Custody, Interstate and International Custody Issues, Parenting Plans|Tags: , , , , |0 Comments

Illinois House Bill 2186 will amend the Illinois Marriage and Dissolution of Marriage Act.  The bill changes the definition of "relocation".  It is revised to mean a change of residence from the child's current primary [...]

1302, 2019

IN JAIL? THAT DOESN’T STOP YOUR CHILD SUPPORT DUTY

By | February 13th, 2019|Categories: Child Support|Tags: , , |0 Comments

The child support statute does not limit what assets the court can reach.  To assure the child support order is satisfied.  The husband was sentenced to 73 years in prison for the attempted murder of [...]