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.

LIKELY IT COULD HAVE BEEN DONE RIGHT THE FIRST TIME AROUND

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on LIKELY IT COULD HAVE BEEN DONE RIGHT THE FIRST TIME AROUND

Father filed a motion in court after the divorce had taken place. He asked that his child support obligation be reduced.  The parties had three children.  Father’s current child-support obligation was approximately $3,200 per month. The court granted his request. Mother appealed. Father needed to prove that a ‘substantial change of circumstances’ had happened. Since…

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NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

The government is ordered to deny the passport application of a person who owes child support of at least $5,000.Eunique’s marriage was dissolved in California. Her husband was awarded custody of the children. She was ordered to pay child support. She failed to pay the ordered amounts. She became in arrears for more than $20,000.…

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ORDER OF PROTECTION STANDS AGAINST BAD STEPDAD

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on ORDER OF PROTECTION STANDS AGAINST BAD STEPDAD

Father sought an Order of Protection (OP) against stepfather of Father’s three daughters.  Stepfather lived with Mother and the three girls. Father alleged that stepfather physically and sexually abused two of the girls. The girl’s ages were then 7 and 4 (S.C.). The Court entered a plenary OP, after hearing. A plenary OP lasts for two…

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A CHILD’S BEST INTEREST IS A FLEXIBLE STANDARD

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on A CHILD’S BEST INTEREST IS A FLEXIBLE STANDARD

The parties have joint custody of their seven-year-old child.  Child lives with Mother. She is the residential parent.  Both parents live in Illinois. Mother filed a petition to remove the child permanently to South Carolina. She has a new job there. The trial court denied Mother’s request. The court said that the proposed move would…

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SHOULD THE COURT WAIT FOR SOMETHING BAD TO HAPPEN TO A CHILD, BEFORE IT CHANGES CUSTODY?

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on SHOULD THE COURT WAIT FOR SOMETHING BAD TO HAPPEN TO A CHILD, BEFORE IT CHANGES CUSTODY?

Parties divorced.  Mother was awarded the custody of the child. Their son was then 10 months old. Four years later, Father filed for custody of the son.  The Court denied his petition.  Father appealed. Appellate Court properly considered changes in mother’s circumstances.   Father showed evidence of the emergence of her mental health issues.  A troubled…

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NO, I AM NOT PAYING YOUR ATTORNEY FEES!

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on NO, I AM NOT PAYING YOUR ATTORNEY FEES!

Parties are divorced in Nevada. The Marital Settlement Agreement (MSA) stated that the winning party got their attorney fees paid by the other party.  This was in case of any later court activity. Parties often want this provision included. They hope that it will stop the fighting in court. The parties and their minor children…

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