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.

USING PARENTAL KIDNAPPING AS YOUR DEFENSE MAY NOT BE A GOOD IDEA

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on USING PARENTAL KIDNAPPING AS YOUR DEFENSE MAY NOT BE A GOOD IDEA

Mother was found guilty of parental kidnapping. She was sentenced to two years in prison. The mother and father were in state trial court in a custody lawsuit. It was the eve of the trial court’s decision. Mother believed that the trial court would award father full custody of their child. She took the child…

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IS ONE PARENT ALWAYS THE RESIDENTIAL PARENT?

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on IS ONE PARENT ALWAYS THE RESIDENTIAL PARENT?

The divorce case went to trial. The court entered a 50/50 parenting time schedule. The parents would have equal parenting time of their child. They would have a joint custody arrangement. The child was then 4 years old. Wife appealed. Both parties had been willing to be a joint custodial parent. However, each wanted to…

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IF YOU CAN’T AGREE, YOU ARE RIPE FOR ARBITRATION OR MEDIATION

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on IF YOU CAN’T AGREE, YOU ARE RIPE FOR ARBITRATION OR MEDIATION

In their divorce document, the parties agreed to resolve certain problems with their parenting schedule through arbitration.  Father filed a motion to compel arbitration.  Father had been sending emails to Mother. He complained about how often she took away his time with the children. Mother argued that there was no “clearly defined conflict”. There was…

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GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

Divorce judgment for divorce had been entered in 1983. It included monthly child support to be paid by husband. Husband died in 2008. In 2012, wife filed a petition for confirmation of lien, sale of real estate, and entry of a QDRO (against his pension). She alleged that there were child support arrearages and interest…

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PARENTS HAVE THE LAST SAY WITH GRANDPARENT VISITATION

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on PARENTS HAVE THE LAST SAY WITH GRANDPARENT VISITATION

Father’s mother petitioned the court for visitation. Father had been deported to Equador. The court denied visitation to the grandmother. She appealed. Grandmother showed her involvement in the child’s life.  But, evidence also showed her interference with the child’s mother. The mother is the child’s decision-making authority.  There was evidence that the grandmother attempted to…

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THAT IS ONLY WHAT YOU THOUGHT IT MEANT

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on THAT IS ONLY WHAT YOU THOUGHT IT MEANT

Husband was ordered to pay child support when the parties divorced. He was not working at the time. The child support was based on imputed income. Or, what he could be earning. The divorce decree had specific language about the definition of income from which child support would be paid. It said that he was…

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