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.

SLEEP IN THE BED YOU MADE

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on SLEEP IN THE BED YOU MADE

The trial court found Poland to be the minor child’s habitual residence. It ordered the child returned. The mother spent three years avoiding court appearances. She had three body attachments issued for her arrest. Then she spent time in jail for her failure to return the child to Poland. The mother then filed a motion…

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PROMPT RETURN OF CHILD WRONGFULLY TAKEN BY ONE PARENT

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on PROMPT RETURN OF CHILD WRONGFULLY TAKEN BY ONE PARENT

The child had been born in Poland. She traveled with her mother to the United States on several occasions with the father’s consent. The final time that the mother traveled to the United States with the child, however, the father did not consent to it. The father then filed a petition for dissolution of marriage…

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IT ALL DEPENDS ON THE FACTS and ACTING IN GOOD FAITH

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on IT ALL DEPENDS ON THE FACTS and ACTING IN GOOD FAITH

Husband was a farmer.  He earned less than $15,000 per year.   Wife argued in divorce court that Husband should pay child support based on what he is able to earn. He was in good health. He can do more, she said. He should not be allowed to pay just from the little that he did…

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TRIAL COURT HEARING WAS INADEQUATE

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on TRIAL COURT HEARING WAS INADEQUATE

Father and Mother had lived in Canada with their child. Mother is a US citizen. She removed the child to the US after a domestic dispute with Father. Father had started divorce proceedings in Canada. He filed a Petition under the International Child Abduction Act against Mother taking the child from Canada. The Canadian court…

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INTEREST REQUIRED ON BACK CHILD SUPPORT

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on INTEREST REQUIRED ON BACK CHILD SUPPORT

The parties entered into two agreed orders. They modified husband’s child support obligation. The orders did not address the issues of the child support arrearages and interest to be paid on the arrearages. Wife later went to court to collect the arrearages and interest. The Court did not give her interest. The Court stated that…

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EQUITABLE ESTOPPEL = IT IS JUST NOT FAIR

By Buffalo Grove Law Offices | July 22, 2021 | Comments Off on EQUITABLE ESTOPPEL = IT IS JUST NOT FAIR

Father was ordered to pay $788 per month in child support after the divorce in 2004. Father fell behind in his support payments. Mother verbally agreed to accept father’s payment of $165 per week in child support. She says she did this to allow father to catch up on his arrearage. They wound up back…

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