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.

ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

Ex-husband filed a petition to reduce his child-support obligations. The trial court found that there had not been a substantial change in circumstances even though the ex-husband’s overnight custody had grown from 15% to 45%. The court explained that the ex-husband’s increased share of custody was too long ago. It had taken place five years…

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SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX-HUSBAND

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX-HUSBAND

The trial court held numerous hearings on multiple post-judgment issues.  These issues had been pending for several years.  The trial court entered an order denying a finding of contempt against ex-husband for nonpayment of child support expenses.  Ex-wife appealed. The appellate court reversed.  It held that the ex-wife had met her burden.  She had established…

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CAN A COURT IGNORE AN AGREEMENT OF THE PARTIES?

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on CAN A COURT IGNORE AN AGREEMENT OF THE PARTIES?

Parties divorced in Illinois. Mother was granted leave to move to New York with the minor child. The removal and visitation order contained a forum-selection clause.  The parties had agreed on it as part of the agreement for a mother to move with the child to New York.  It required that jurisdiction remains with the…

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WHY CAN’T I MOVE THE CASE FROM ILLINOIS?

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on WHY CAN’T I MOVE THE CASE FROM ILLINOIS?

Father filed a petition to vacate portions of the Illinois divorce decree. The trial court vacated the child custody and child support provisions of a judgment of dissolution of marriage.   The court ordered that the issue of child custody would be decided in Illinois.   Mother and child now lived in the State of Texas.  Mother…

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CHILD SUPPORT FROM DECEDENT’S ESTATE

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on CHILD SUPPORT FROM DECEDENT’S ESTATE

Prior to the 1991 amendment, case law did not allow children to obtain educational support from their divorced parents’ estates.  Unless there was an obligation for the parent to provide such support prior to his death.  Treacy v. Treacy, 204 IllApp3d 282. Section 510€ provides that a petition seeking to have a court order child…

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FATHER RESPONSIBLE FOR MINOR CHILD’S BILLS, BUT NOT FOR EMANCIPATED CHILD’S BILLS

By Buffalo Grove Law Offices | July 20, 2021 | Comments Off on FATHER RESPONSIBLE FOR MINOR CHILD’S BILLS, BUT NOT FOR EMANCIPATED CHILD’S BILLS

Hospital filed complaint under family expense statute against divorced, noncustodial parent (father) to recover costs of medical services rendered to his child. The Circuit Court granted summary judgment against the father.  He appealed. The Appellate Court held that: (1) creditor could hold divorced, noncustodial parent liable under the family expense statute for expenses incurred on…

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