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) 772-8579.

CHILD SUPPORT INCLUDES SOCIAL SECURITY BENEFITS

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on CHILD SUPPORT INCLUDES SOCIAL SECURITY BENEFITS

The parties divorced. Father was ordered to pay monthly support per guidelines.  There were three children, so the guideline amount was 32% of Father’s net income. Mother was also given the children’s portion of Father’s social security payments.  Father argued that the social security benefit for the children should be deducted from the guideline child…

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I WIN, SO YOU PAY MY ATTORNEY FEES?

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on I WIN, SO YOU PAY MY ATTORNEY FEES?

Nevada court entered a judgment of dissolution. The agreement had a provision for the prevailing (winning) party to get attorney’s fees paid by the other party. The parties and their minor children then relocated to Illinois.  The Nevada judgment was registered in Illinois.  Ex-wife Petitioner was looking for attorney fees from Ex-husband. She had filed…

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ON A CASE BY CASE BASIS FOR RELOCATION OF THE CHILDREN

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on ON A CASE BY CASE BASIS FOR RELOCATION OF THE CHILDREN

Husband and wife were awarded joint custody of the children. Primary physical custody going to husband. While school was in session, the children spent 6 out of every 14 nights with wife. When school was not in session, the children spent alternate weeks with each parent. Later, husband filed a notice of intent to relocate…

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CAN YOU STOP SUPPORTING YOUR CHILD BECAUSE YOU DON’T GET ALONG?

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on CAN YOU STOP SUPPORTING YOUR CHILD BECAUSE YOU DON’T GET ALONG?

The mother filed a petition for a father to contribute to their son’s college expenses. The petition alleged that son had graduated from Marmion Academy in Aurora with a 3.75-grade point average. He would be enrolling at Purdue University in the fall. The cost of attending Purdue University was approximately $20,000 per year. Son would…

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A CHILD SUPPORT DUTY AND CONSIDERING A NEW SPOUSE’S INCOME

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on A CHILD SUPPORT DUTY AND CONSIDERING A NEW SPOUSE’S INCOME

The wife filed a petition to modify child support. The court considered the joint income of the husband and his current wife in assessing child support. Husband wanted the court to only look at his income. The Trial Court did consider the current wife’s income, along with the husband’s. Husband appealed. The Appellate Court agreed…

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CAN HUSBAND REDUCE CHILD SUPPORT BECAUSE HE RETIRED?

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on CAN HUSBAND REDUCE CHILD SUPPORT BECAUSE HE RETIRED?

Husband petitioned for a reduction of his child support payments. He claimed that his involuntary termination led to his early retirement. He claimed that, at age 64, he no longer earned the same net income that the support amount had been based on in 2010. The Court granted the petition. Wife appealed. The Appellate Court…

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