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.

CAVEAT EMPLOYER-EMPLOYER BEWARE

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on CAVEAT EMPLOYER-EMPLOYER BEWARE

Husband was ordered to pay child support. His employer, the McHenry County conservation district, was ordered to withhold the money from Husband’s paycheck. Then, it was to forward the payments to Wife. The Income Withholding for Support Act has penalties if employers do not process the payments properly.  This employer did not process the child…

Read More

TO MODIFY CHILD SUPPORT, BE READY TO TRAVEL

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on TO MODIFY CHILD SUPPORT, BE READY TO TRAVEL

Illinois entered child support orders.  Mother would contribute certain percentages to her child’s health insurance, uninsured medical expenses, and travel expenses.  These expenses were for the child to see the father during visitation.  Father was paying child support to Mother. The mother and the child moved to Tennessee.  Father relocated to Ohio. After the Father…

Read More

DAD, YOU CAN’T MOVE AND TAKE THE KIDS

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on DAD, YOU CAN’T MOVE AND TAKE THE KIDS

Parents get divorced. Then, Father filed a petition for leave to relocate with the parties’ 2 minor children. He wanted to move from Illinois to Virginia. The court allowed Father to move with the two children. Mother appealed. Some additional detail from the divorce decree now. Mother had joint parental decision-making responsibilities. On every major…

Read More

SHOULD THE COURT LET A PARENT MOVE AWAY WITH THE CHILD?

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on SHOULD THE COURT LET A PARENT MOVE AWAY WITH THE CHILD?

Mother filed a Motion to relocate parties’ minor daughter, age 7, to North Carolina. Mother had begun working at a university In North Carolina. The Trial Court granted the motion and Father appealed. He argued that the evidence was against the move. The Appellate Court agreed with the Trial Court. It said that the Trial…

Read More

$100 PER DAY PENALTIES FOR UNPAID CHILD SUPPORT

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on $100 PER DAY PENALTIES FOR UNPAID CHILD SUPPORT

Parties divorce. Husband’s employer is ordered to deduct and pay the child support from Husband’s paychecks. Employer missed two payments. Wife files a petition to have the employer pay a penalty. The statute states that there is a $100 daily penalty for a “knowing” violation. The trial court denied wife’s petition. The court said that…

Read More

CHILD SUPPORT LAW PRESUMES THAT THE COST OF LIVING INCREASES

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on CHILD SUPPORT LAW PRESUMES THAT THE COST OF LIVING INCREASES

Mother took Father back to court for an increase in child support. There had been an increase in income for Father.  Mother testified that the children’s expenses had increased. The court said that it did not matter if the children’s needs had increased.  Child support obligations may be increased based upon an increase in Father’s…

Read More