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.

CALCULATING CHILD SUPPORT WHEN THE PAYOR LOSES HIS JOB

By Buffalo Grove Law Offices | July 23, 2021 | Comments Off on CALCULATING CHILD SUPPORT WHEN THE PAYOR LOSES HIS JOB

Wife files for divorce. Husband (payor) had lost his job. He said that he was trying to start his own company. He could earn $40,000 per year. He wanted the court to set child support on that income. This was much less than the $210,000 he had been earning. Husband had been involuntarily terminated from…

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IRA WITHDRAWALS ARE INCOME FOR CHILD SUPPORT CALCULATION

By Buffalo Grove Law Offices | July 23, 2021 | Comments Off on IRA WITHDRAWALS ARE INCOME FOR CHILD SUPPORT CALCULATION

Husband filed a Motion to Modify and Reduce his Child Support obligation. He reported a substantial change in circumstances. He said that he had no income in the first two months of the current year. He expected his annual personal income to be much less than before. He said that he only had his house…

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THE COURT SHOULD HAVE GRANTED THE REQUEST FOR NAME CHANGE

By Buffalo Grove Law Offices | August 6, 2021 | Comments Off on THE COURT SHOULD HAVE GRANTED THE REQUEST FOR NAME CHANGE

The mother of the minor child filed a petition to change the minor’s legal last name.  From that of the child’s father (an inmate in Department of Corrections) to that of the minor’s stepfather. The Trial Court denied the mother’s petition.  She appealed. The Appellate Court found that the Trial Court had erred.  The Trial…

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WHAT DOES IT TAKE TO GET A CHILD SUPPORT DEVIATION DOWNWARD?

By Buffalo Grove Law Offices | August 6, 2021 | Comments Off on WHAT DOES IT TAKE TO GET A CHILD SUPPORT DEVIATION DOWNWARD?

Father filed a Petition to Modify Child Support.  He earned $826,284 annual net income. The court ordered him to pay monthly child support of $19,284. Father argued that the court should have deviated downward. He argued that the $19,284 was way out of proportion to what the children needed. The evidence showed that the father…

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REPAYMENT OF LOANS IS NOT ALWAYS DEDUCTIBLE FOR CHILD SUPPORT CALCULATIONS

By Buffalo Grove Law Offices | August 6, 2021 | Comments Off on REPAYMENT OF LOANS IS NOT ALWAYS DEDUCTIBLE FOR CHILD SUPPORT CALCULATIONS

Husband had an annual net income of $826,478.  The trial court set child support at $19,284 per month based on that salary. Husband argued that under the definition of income his loan payments were both reasonable and necessary expenses.  Without payment of those expenses, his could not make as much in income. Husband had purchased…

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UNPAID CHILD SUPPORT IS AN AUTOMATIC LIEN

By Buffalo Grove Law Offices | August 6, 2021 | Comments Off on UNPAID CHILD SUPPORT IS AN AUTOMATIC LIEN

Ex-Husband owed back child support.  Ex-Wife put a lien on a piece of Ex-Husband’s property.  The property was held in a land trust for Ex-Husband. Ex-Husband died. The beneficiary of the trust went to court to have the lien released.  The court allowed the lien to be released. Ex-Wife appealed. The Illinois Marriage and Dissolution…

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